Terms of service

TERMS OF SERVICE

www.embrance.me

§ 1
GENERAL PROVISIONS

1. The store www.embrance.me operates under the rules set out in these Terms of Service.
2. These Terms of Service define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of electronic services provided by the Store www.embrance.me, the rules for providing those services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Each Customer using the electronic services of the Store www.embrance.me is required to comply with these Terms of Service.
4. In matters not regulated herein, the following provisions shall apply:
- the Act on Providing Services by Electronic Means of 18 July 2002,
- the Consumer Rights Act of 30 May 2014,
- the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
- the Civil Code Act of 23 April 1964,
- and other applicable provisions of Polish law.

§ 2
DEFINITIONS

1. ORDER FORM – a form available on www.embrance.me enabling the Customer to place an Order.
2. CUSTOMER – a service recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
4. ENTREPRENEUR – a natural person, legal entity, or organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name.
5. PRODUCT – a movable item available in the Store and forming the subject of the Sales Agreement between the Customer and the Seller.
6. TERMS OF SERVICE – these Terms of Service of the Store.
7. STORE – the online store of the Service Provider operating at www.embrance.me.
8. SELLER / SERVICE PROVIDER – Embranceme Bożena Wojas, ul. Chopina 4/9, 30-047 Kraków, Poland.
9. SALES AGREEMENT – a Product sales agreement concluded between the Customer and the Seller through the Store.
10. ORDER – the Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
11. PRICE – the amount expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3
INFORMATION ABOUT PRODUCTS AND ORDERING

1. The Store www.embrance.me sells Products via the Internet.
2. Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
3. Information provided on the Store’s website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions stated in its description.
4. The Product price shown on the Store’s website is given in Polish zloty (PLN) and includes all components. The price does not include delivery costs.
5. Orders may be placed via the website using the Order Form, 24 hours a day, all year round.
6. A condition for placing an Order is that the Customer has read and accepted these Terms of Service during the ordering process.

§ 4
CONCLUSION OF THE SALES AGREEMENT

1. In order to conclude a Sales Agreement, the Customer must first place an Order using the method made available by the Seller in accordance with § 3 points 5 and 6.
2. After the Order is placed, the Seller shall immediately confirm its receipt.
3. Confirmation of receipt of the Order binds the Customer to the Order. The confirmation is sent by email.
4. The confirmation email shall include:
- confirmation of all essential elements of the Order,
- a withdrawal form,
- these Terms of Service together with information on the right of withdrawal.
5. The Sales Agreement is concluded once the Customer receives the email referred to above.
6. Each Sales Agreement shall be confirmed by proof of purchase attached to the Product.

§ 5
PAYMENT METHODS

1. The Seller offers the following payment methods:
- traditional bank transfer to the Seller’s bank account,
- payment via an electronic payment system.
2. In the case of payment by traditional bank transfer, payment should be made to the following bank account:
22 1050 1445 1000 0091 0135 2509 (Bank ING).
Please enter “Order no. …” in the payment title.
3. In the case of payment via an electronic payment system, the Customer makes payment before the Order is processed. The electronic payment system enables payment by credit card or fast transfer from selected Polish banks.
4. The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. The Product will be shipped only after payment has been received.

§ 6
COST, TIME, AND METHODS OF PRODUCT DELIVERY

1. The delivery costs of the Product, borne by the Customer, are determined during the Order process.
2. The Product delivery time consists of the Product preparation time and the delivery time by the carrier:
- the preparation time is up to 3 business days,
- delivery by the carrier takes place within the period declared by the carrier, i.e. up to 3 business days from dispatch (delivery takes place only on business days, excluding Saturdays, Sundays, and public holidays).
3. Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.

§ 7
PRODUCT COMPLAINTS

1. Complaints based on non-compliance of the Product with the agreement:
- the basis and scope of the Seller’s liability towards a Customer who is a Consumer are specified in the Consumer Rights Act of 30 May 2014,
- the basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur under warranty are specified in the Civil Code Act of 23 April 1964,
- the Seller is liable towards a Consumer for any non-compliance of the Product with the agreement existing at the time of delivery and disclosed within 2 years from that time, unless the shelf life or usability period specified by the Seller or persons acting on the Seller’s behalf is longer,
- notification of non-compliance of the Product with the agreement and submission of the relevant request may be made by email to: embrancehug@gmail.com or in writing to: embrance.me, ul. Chopina 4/9, 30-047 Kraków, Poland,
- the written or electronic complaint should include as much information as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details; providing this information will significantly facilitate and speed up the complaint handling process,
- in order to assess the defect or non-compliance, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at the Seller’s expense,
- the Seller shall respond to the Customer’s request without undue delay, no later than within 14 days from the complaint submission date,
- in the case of complaints submitted by Consumers, failure to respond within 14 days means the complaint is deemed accepted,
- if the complaint is justified, the Seller shall accordingly:
  - cover the costs of repair or replacement and re-delivery of the Product to the Customer,
  - reduce the Product price proportionally and refund the reduced amount no later than within 14 days from receiving the Consumer’s statement requesting a price reduction,
  - in the event of withdrawal from the agreement by the Consumer, refund the Product price no later than within 14 days from receiving the returned item or proof of its return; in such a case the Consumer shall promptly return the Product to the Seller at the Seller’s expense,
- the response to the complaint is provided on paper or another durable medium, e.g. email or SMS.

§ 8
RIGHT OF WITHDRAWAL

1. Subject to point 10 of this section, a Customer who is also a Consumer and has concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate statement within 14 days.
2. In the event of withdrawal, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than within 14 days from the date of withdrawal, unless the Seller offered to collect the Product personally. It is sufficient to send the Product back before the deadline expires.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to:
embrance.me
ul. Chopina 4/9
30-047 Kraków
Poland
4. The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer of the method and deadline for exercising the right of withdrawal and did not provide a withdrawal form. To establish the nature, characteristics, and functioning of the Product, the Consumer should handle and inspect the Product only in the same way as would be possible in a physical store.
5. Subject to points 6 and 8 below, the Seller shall refund the value of the Product together with delivery costs using the same payment method used by the Consumer, unless the Consumer expressly agrees to another method of refund that does not involve any costs. The refund shall be made without undue delay, and no later than within 14 days from the date the Seller receives the statement of withdrawal.
6. If the Consumer chose a method of delivery other than the least expensive ordinary delivery method offered by the Store, the Seller is not obliged to refund the additional costs.
7. If the Seller has not offered to collect the Product itself, the Seller may withhold the refund until receiving the Product back or proof of its return, whichever occurs first.
8. A Consumer withdrawing from the Sales Agreement bears only the direct cost of returning the Product to the Seller.
9. The 14-day withdrawal period starts, in the case of an agreement under which the Seller delivers a Product and is obliged to transfer its ownership, from the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, takes possession of the Product.
10. The right of withdrawal from a distance contract does not apply in particular where the subject of the performance is a non-prefabricated item manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs.
11. The right to withdraw from the Sales Agreement belongs both to the Seller and the Customer in the event that the other party fails to perform its obligation within a strictly specified period.

§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of an electronic service via the Store consisting of concluding Product Sales Agreements.
2. Electronic services for Customers are provided under the conditions set out in these Terms of Service.
3. The Service Provider has the right to place advertising content on the Store’s website. Such content forms an integral part of the Store and the materials presented therein.

§ 10
CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

1. The electronic service referred to in § 9 point 1 is provided free of charge.
2. The agreement for the provision of the electronic service consisting of enabling the placement of an Order in the Store is concluded for a fixed period and is terminated upon placing the Order or upon cessation of the ordering process by the Customer.
3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- a computer or mobile device with Internet access,
- access to email,
- a web browser,
- enabling cookies and JavaScript in the web browser.
4. The Customer is prohibited from providing unlawful content.
5. The Customer is obliged to use the Store in a manner consistent with the law and good practice, with respect for personal rights and intellectual property rights of third parties.
6. The Customer is obliged to enter data consistent with the actual state of affairs.
7. The Customer is prohibited from using the Store in a way that may disrupt its operation.

§ 11
COMPLAINTS REGARDING ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer by email to: embrancehug@gmail.com.
2. The complaint should include as much information as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details.
3. The Service Provider shall consider the complaint without undue delay, no later than within 14 days from the date of receipt.
4. The response to the complaint shall be sent to the email address provided by the Customer in the complaint or by another method indicated by the Customer.

§ 12
FINAL PROVISIONS

1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. If any part of these Terms of Service is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
3. Any disputes arising from Sales Agreements between the Store and Consumers shall first be resolved through negotiations, with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. If this is not possible or is unsatisfactory to either party, disputes shall be resolved by the competent common court in accordance with point 4 of this section.
4. Any disputes arising between the Service Provider and a Customer who is also a Consumer shall be submitted to the competent court in accordance with the provisions of the Code of Civil Procedure.
5. A Customer who is a Consumer also has the right to use out-of-court complaint and redress procedures, including by submitting a complaint through the EU ODR platform available at:
https://ec.europa.eu/consumers/odr/