Terms of service

TERMS AND CONDITIONS OF THE ONLINE STORE

§ 1 GENERAL PROVISIONS

1.1. These Terms and Conditions govern the rules for using the Online Store operated at www.electroarena.eu.

1.2. The online store operating at www.electroarena.eu, hereinafter referred to as the “Online Store” or “electroarena.eu”, is operated by GNP RAFAŁ BORYS, ul. Pawła Włodkowica 9B/49, 03-262 Warsaw, Poland, VAT ID: PL5243019485, REGON: 529875571.

1.3. The Seller’s contact details enabling the Buyer to contact the Seller are as follows:

postal address: ul. Pawła Włodkowica 9B/49, 03-262 Warsaw, Poland
telephone number: (+48) 453 085 070
e-mail address: biuro@electroarena.pl

1.4. With regard to services provided electronically, these Terms and Conditions constitute the rules and regulations referred to in applicable laws governing the provision of electronic services.

1.5. These Terms and Conditions are addressed to all Customers of the Store. All Customers are obliged to read these Terms and Conditions before making a purchase.

1.6. Each Customer may access these Terms and Conditions at any time by clicking the “Terms and Conditions” hyperlink on the Store website at www.electroarena.eu. These Terms and Conditions may be downloaded and printed.

1.7. All information contained on the Store website www.electroarena.eu relating to Products (including prices) does not constitute an offer within the meaning of applicable civil law, but an invitation to conclude a contract. By submitting the Order Form, the Customer makes an offer to purchase and have delivered the Product indicated therein at the price and under the terms specified in its description.

1.8. These Terms and Conditions are permanently available on the website www.electroarena.eu in a manner allowing Customers to obtain, reproduce and store their contents. These Terms and Conditions are also made available to Customers before the conclusion of the contract.

§ 2 DEFINITIONS

The terms used in these Terms and Conditions shall have the following meanings:

2.1. Consumer – a natural person acting for purposes outside their trade, business, craft or profession.

2.2. Entrepreneur with consumer rights – a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it does not have a professional character for that person, in particular resulting from the subject of their business activity disclosed in the relevant public register.

2.3. Entrepreneur – a natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name and performing a legal act directly related to that activity.

2.4. Store Owner / Seller – GNP RAFAŁ BORYS, ul. Pawła Włodkowica 9B/49, 03-262 Warsaw, Poland, VAT ID: PL5243019485, REGON: 529875571.

2.5. Online Store – the online store operated at www.electroarena.eu by GNP RAFAŁ BORYS.

2.6. Civil Code – the applicable provisions of civil law governing contracts and obligations.

2.7. Product – a product available in the Online Store, including:

a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected with them in such a way that the lack of the digital content or digital service would prevent its proper functioning),
digital content, or
a service (including a digital service and a non-digital service),
which is the subject of the Sales Agreement between the Customer and the Seller.

2.8. Terms and Conditions – these Terms and Conditions governing the provision of electronic services and the rules for using the Online Store.

2.9. Customer / Buyer – a natural person, legal person or organizational unit without legal personality to which specific provisions grant legal capacity, who places or intends to place an Order in the Online Store using electronic means, including also a Consumer, an Entrepreneur with consumer rights, and an Entrepreneur.

2.10. Order – the Customer’s declaration of intent by which the Customer accepts the Seller’s offer of sale and which specifies in particular the price, type and quantity of Products within the Sales Agreement concluded through the Online Store.

2.11. Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the Online Store. In the case of Products constituting digital content, digital services or other services, this term shall also mean, respectively, an agreement for the supply of digital content, the provision of a digital service, or the provision of services.

2.12. Consumer Rights Act – the applicable legal provisions governing consumer rights in distance contracts and off-premises contracts.

§ 3 RULES FOR USING THE ONLINE STORE

3.1. Prices of all Products in the Online Store are gross prices (including VAT where applicable) and are expressed in euro (EUR). Any exceptions to the currency used are clearly indicated next to the Product price.

3.2. The Seller may use discount codes in the Online Store www.electroarena.eu that entitle Customers to purchase Products at a discounted price shown on the relevant coupon or promotion. Discount codes may not be exchanged for cash.

3.3. In order to place an order in the Online Store www.electroarena.eu, acceptance of these Terms and Conditions is required.

3.4. In order to successfully place an order in the Online Store www.electroarena.eu, it is necessary to have a device with Internet access enabling the browsing of websites, as well as a keyboard or another device enabling the correct completion of electronic forms.

3.5. The website of the Online Store www.electroarena.eu uses an SSL certificate – a secure communication encryption protocol.

§ 4 CONDITIONS FOR CONCLUDING A SALES AGREEMENT

4.1. Orders in the Online Store www.electroarena.eu may be placed by completing the appropriate forms available on the Store’s website.

4.2. When placing an order, the Customer is obliged to provide correct personal data, in particular: first name and surname, residential address, e-mail address and telephone number.

4.3. After receiving the order, the Seller confirms its receipt and at the same time informs the Customer that the Order has been accepted for processing. Confirmation of the order is made by the Seller sending an appropriate e-mail message to the Customer’s e-mail address provided in the order form. Upon confirmation by the Seller that the order has been accepted for processing, the agreement is deemed concluded.

4.4. The content of the Sales Agreement is made available and stored by making these Terms and Conditions available on the Online Store website and by sending appropriate information to the Customer’s e-mail address provided when placing the order.

4.5. Orders in the Online Store www.electroarena.eu may be placed 24 hours a day, 7 days a week, throughout the year.

§ 5 PAYMENT METHODS AND PAYMENT DEADLINE

5.1. The following payment methods are available in the Store www.electroarena.eu:

payment card payments (Visa, Mastercard, American Express) via Shopify Payments,
fast electronic payments (e.g. Apple Pay, Google Pay, if available through Shopify Payments),
other payment methods available at checkout and supported by Shopify’s payment system.

5.2. After placing an order, the Customer is redirected to a secure payment form through which the payment is made using the selected payment method.

5.3. If such functionality is available, the Customer may also use instalment payment or deferred payment options offered by external payment providers (e.g. Klarna or other providers integrated with Shopify).

5.4. All payments are processed via Shopify Payments and integrated payment systems, the current list of which is available at checkout.

5.5. The Customer is obliged to make payment immediately after placing the order. Failure to record payment within 7 calendar days may result in cancellation of the order.

§ 6 DELIVERY

6.1. Ordered Products are delivered to the countries made available by the Seller at checkout, to the address provided by the Customer in the order form.

6.2. The dispatch time of Products is indicated on the Store website and on the relevant product page.

If the Product is in stock and such information is indicated on the product page, the order is dispatched within up to 48 hours on business days. If the delivery time is indicated as 5–14 days, this means that the Product must be sourced from the supplier or manufacturer. If the order processing time exceeds 14 days, this means that the Product is in production. The Seller shall make every effort to deliver the Product within the time stated on the product page. If delivery within the indicated time is not possible, the Buyer shall be informed without undue delay.

6.3. Delivery of ordered Products is carried out by external service providers, including in particular:

courier delivery,
parcel locker delivery, where available,
other delivery methods shown at checkout.

6.4. At the moment the Product is handed over to the courier or logistics provider, the Buyer is notified of this fact by e-mail sent to the address provided in the order.

6.5. The delivery costs, which are borne by the Customer in addition to the Product price, are indicated on the Store website when placing the Order.

6.6. If cash on delivery is available and selected, the Customer bears the full delivery cost associated with that payment method.

6.7. Upon receipt of the Product, the Customer confirms its delivery. From that moment, the Product becomes the Customer’s property, subject to applicable law and the Seller’s rights arising from the contract.

§ 7 WITHDRAWAL FROM THE AGREEMENT

7.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason.

7.2. In order to exercise the right referred to in the preceding point, the Consumer should inform the Seller of their decision to withdraw from the agreement by means of an unequivocal statement. The statement may be sent:
a) by post to: ul. Pawła Włodkowica 9B/49, 03-262 Warsaw, Poland
b) electronically to the Seller’s e-mail address: biuro@electroarena.pl

The Consumer may use the withdrawal form provided by the Seller or any other clear statement.

7.3. The model withdrawal form (Appendix No. 1 to these Terms and Conditions) may be downloaded from the website www.electroarena.eu.

7.4. The withdrawal period begins:

in the case of a sales agreement under which the Seller delivers the Product and is obliged to transfer its ownership – from the moment the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Product, and in the case of an agreement that:
(1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
(2) consists of regular delivery of Products for a specified period – from taking possession of the first Product.

7.5. The Consumer bears the direct cost of returning the Product. The Consumer is obliged to properly secure the returned Product so as to prevent damage in transit.

7.6. The Consumer is obliged to return the Product without undue delay, and in any event no later than 14 days from the day on which they withdrew from the agreement. The return should be sent to: ul. Pawła Włodkowica 9B/49, 03-262 Warsaw, Poland.

7.7. The Consumer is liable for any diminished value of the Product resulting from handling it in a manner other than what is necessary to establish the nature, characteristics and functioning of the Product.

7.8. In the event of withdrawal from the agreement, all payments received from the Consumer, including the costs of delivery of the Product (except for any supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Store), shall be reimbursed by the Seller without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the Consumer’s decision to withdraw from the agreement. The Seller may withhold reimbursement until the Product has been received back or until the Consumer has supplied evidence of having sent back the Product, whichever is the earliest. The refund shall be made using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise.

7.9. The right of withdrawal does not apply to contracts listed in the applicable consumer protection laws, in particular contracts:

for the provision of services, where the service has been fully performed with the Consumer’s prior express consent and acknowledgement that they lose the right of withdrawal once the contract has been fully performed;
for the supply of non-prefabricated Products made to the Consumer’s specifications or clearly personalized;
for the supply of Products liable to deteriorate or expire rapidly;
for the supply of sealed Products which are not suitable for return for health protection or hygiene reasons, if they were unsealed after delivery;
for the supply of digital content not supplied on a tangible medium, where performance has begun with the Consumer’s prior express consent and acknowledgement that they thereby lose the right of withdrawal.

7.10. The provisions of this § 7 concerning Consumers shall also apply to Entrepreneurs with consumer rights, where required by applicable law.

§ 8 COMPLAINTS

8.1. The basis and scope of the Seller’s liability towards the Customer are determined by applicable law and the provisions of these Terms and Conditions. Additional information regarding the Seller’s legal liability for the conformity of the Product with the Sales Agreement is set out below.

8.2. In the event of mechanical damage caused during delivery or in the event of any other complaint addressed to the Seller, the Buyer should send the complaint in writing to ul. Pawła Włodkowica 9B/49, 03-262 Warsaw, Poland, or by e-mail to biuro@electroarena.pl.

8.3. In the complaint, it is recommended to specify: the defect which, in the Customer’s opinion, the Product has, and if possible to document that defect, the date on which the defect occurred, the requested method of bringing the Product into conformity with the agreement or any other claim by the Customer, and to provide contact details. The above requirements are only recommendations and do not affect the validity of the complaint if omitted.

8.4. The Seller shall respond to the complaint within 14 days of receiving it.

8.5. The above provisions concerning Consumers shall also apply to Entrepreneurs with consumer rights, where required by applicable law.

8.6. A Customer who is a Consumer may use out-of-court complaint handling and redress procedures available under applicable law. Information about such procedures may be obtained from competent consumer protection authorities or consumer advisory bodies in the Customer’s country of residence or in Poland.

§ 9 RULES FOR PUBLISHING REVIEWS

9.1. The Seller enables publication of reviews about Products on the Online Store website.

9.2. A Product review may only be submitted in relation to Products actually purchased from the Seller’s Online Store and only by a Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of submitting a review. A review of the Online Store may be submitted by a person who is a Customer of the Online Store.

9.3. Reviews submitted by Customers may not be used for unlawful purposes, in particular for acts of unfair competition or acts infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When submitting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practices.

9.4. The Seller takes reasonable steps to ensure that published Product reviews originate from Customers who have purchased the given Product. For this purpose, the Seller may verify a review before publication. Verification consists in checking whether the content of the review complies with these Terms and Conditions and, in particular, whether the person submitting the review is a Customer of the Store and whether that Customer purchased the reviewed Product.

9.5. In the event of doubts on the part of the Seller, or objections raised by other Customers or third parties as to whether a given review comes from a Customer or whether the Customer purchased the reviewed Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Store or that they purchased the reviewed Product.

9.6. Reviews are subjective statements of Customers and do not constitute the Seller’s opinion.

9.7. The Buyer / Customer is obliged to publish reviews that do not violate applicable law or the rights of third parties. The Buyer / Customer bears full responsibility for the statements posted by them on the Online Store www.electroarena.eu.

9.8. The Seller does not publish or commission the publication of false customer reviews or recommendations and does not distort customer reviews or recommendations for the purpose of promoting Products. The Seller makes both positive and negative reviews available. The Seller does not publish sponsored reviews.

§ 10 PERSONAL DATA

10.1. The controller of personal data is the Seller.

10.2. The rules regarding personal data protection are set out in the Privacy Policy of the online store electroarena.eu, available at www.electroarena.eu.

§ 11 FINAL PROVISIONS

11.1. The Seller reserves the right to introduce changes to these Terms and Conditions for important reasons. Any changes to the Terms and Conditions shall enter into force on the date indicated by the Seller, no earlier than 7 days from the date of their publication.

11.2. The amended Terms and Conditions shall bind the Buyer / Customer if they have been properly informed about the changes and have not terminated the agreement within 14 calendar days from the date of notification, where such right applies under applicable law.

11.3. The person using the Online Store website is obliged not to provide unlawful content.

11.4. Matters not regulated by these Terms and Conditions shall be governed by applicable provisions of law, in particular consumer protection law and civil law. Mandatory provisions of the law of the consumer’s country of residence remain unaffected where applicable.

11.5. These Terms and Conditions are available at www.electroarena.eu.

11.6. Agreements with the Seller may be concluded in English.

11.7. These Terms and Conditions enter into force on 01.09.2024.

APPENDIX NO. 1 TO THE TERMS AND CONDITIONS

MODEL WITHDRAWAL FORM – this form should be completed and returned only if you wish to withdraw from the agreement: LINK

APPENDIX NO. 2 TO THE TERMS AND CONDITIONS

MODEL COMPLAINT FORM – this form should be completed and returned only if you wish to submit a complaint: LINK