Terms and Conditions
§ 1. Definitions
- Regulations - these Regulations, determining the principles of concluding Distance selling contracts through the Internet Shop, the principles of performing these contracts, the rights and obligations of the parties and the principles of complaint proceedings. In the scope of services provided by electronic means, the Regulations are respectively the Regulations referred to in Article 8 of the polish Act on Rendering Electronic Services.
- The Client - a natural person having full capacity for legal actions, a legal person or an organizational unit without legal personality, which the law recognizes as having legal capacity, who concludes a Distance Selling Contract with the Seller.
- Consumer - a consumer in the meaning of Article 22 1 of the polish Civil Code. According to the statutory definition: a Consumer is understood as a natural person performing with an entrepreneur a legal action not directly related to his/her business or professional activity.
- Natural person running a sole proprietorship making a non-professional purchase - natural person concluding a Distance Sales Agreement directly not related to his/her business activity, when the content of this Contract indicates that it is not of a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Business, to whom the law grants the right to: withdraw from the agreement on the principles granted to Consumers, to apply the provisions on prohibited clauses used in standard agreements and concerning liability for defects of the sold thing.
- Address of the Seller's registered:
Ppłk. Nilskiego - Łapińskiego 46,
- Online Shop - an Internet service run by the Seller, available at electronic addresses: ombre.com, through which the Client may obtain information about the Goods and their availability and buy the Goods or order the service.
- Distance selling contract - a contract for sale of the Goods/services/delivery of digital content (if applicable), concluded through the Online Shop.
- The Goods - a movable item that the Client may purchase in the Online Shop.
- Durable medium - means a material or a tool enabling the Client or the Seller to store information addressed personally to him/her in a way that enables access to information in the future for a time appropriate for the purposes the information is used for and which allows to reconstruct the stored information in an unchanged form, especially electronic mail.
- Electronic order form - electronic order procedure provided by the Seller to the Client.
- Electronic return form - electronic return procedure provided by the Seller to the Client; available at the address https://ombre.com/client-orders.php?display=returns.
- Electronic complaint form - electronic complaint procedure provided by the Seller to the Client; available at the address https://ombre.com/client-orders.php?display=rma.
- Sending an order - confirming the order by clicking on the button "" by the Client treated as submission by the Client of a binding declaration of will to conclude a Distance selling contract with the Seller.
- Account - a set of data stored in the Online Shop and in the Seller's ICT system concerning a given Client and orders placed by him and concluded Distance selling contracts, with the use of which the Client may place orders, as well as cancel, edit or conclude Distance selling contracts in due time.
- Order service evaluation and particular goods evaluation - subjective statements and evaluations made by the Client in the form of awarding stars from 1 to 5 for the Online Shop after the order is completed.
§ 2. General provisions
- Types and scope of services provided electronically:
- conclusion of Online selling contracts - with regard to Goods sold in the Online Shop,
- the rules of registration and use of the Account within the Online Shop,
- adding opinions, comments and assessments - the Client may add an opinion or comment to his order or transaction,
- sending e-mails confirming receipt of the order, payment, acceptance of the order by the Seller.
- The use of the Online Shop is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- Internet browsers in the current version i.e.;
- Microsoft Edge
- any program from viewing files in PDF format.
- Internet browsers in the current version i.e.;
- The Seller makes these Regulations and the Attachments available through a link located on the homepage before concluding the Distance selling contract, during the Contract and after its conclusion. The Client may download it and make a printout.
- In order to ensure the security of communication and data transmission in connection with the services provided, the Online Shop undertakes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.
§ 3. Orders
- Placing an order in the Online Shop can be done through an Account or by choosing the option of purchase without registration in which case an internal account is created on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
- The purchase is made by filling in the electronic order form available on the pages of the Online Shop. The selection of the ordered Goods is made by adding them into the basket. The electronic order form specifies, among other things, which Goods, at what price and in what quantities the Client wants to order to the location indicated by him/her. The Client takes appropriate technical steps based on the displayed messages.
- After the Client provides all necessary data, a summary of the order will be displayed. The order summary will contain information concerning: data identifying the Seller, subject of the order, unit and total price of the ordered Goods, including delivery costs and other, if any, selected payment method, selected delivery method, delivery time and costs.
- If the subject of the contract is the delivery of digital content which is not recorded on a durable medium or services provided by the electronical means or remote services - the Client in an additional checkbox, required for placing an order and located on the Electronic order form, agrees to the following: „I consent to the delivery of digital content which is not stored on a durable medium or to the commencement of service provision before the expiry of 14 days from the date of conclusion of the contract and accept the loss of the right to withdrawal from the contract". The Seller will confirm receipt of the above mentioned consent by e-mail.
- To place an order, it is necessary to provide in the Electronic order form personal data marked as obligatory, accept the content of the Regulations, send the order by pressing the button "".
- Sending of an Electronic order form by the Client constitutes a binding declaration of will to conclude a Distance selling contract, in accordance with the content of these Regulations.
- Distance selling contract is treated as concluded at the moment of the Seller's acceptance of the Electronic order form, which is confirmed by displaying to the Client a message of acceptance the order and providing order‘s number.
- After concluding the Remote selling contract, the Client receives, in the form of an e-mail, a confirmation of the submitted order containing: confirmation of acceptance of the order for execution and containing final confirmation of all significant elements of the order and general conditions of the concluded Distance selling contract (Regulations of the Online Shop with Attachment 1 and 2), the Seller's data, the Seller's responsibility for the quality of performance, about services provided by the Seller after the sale and about the manner and effects of withdrawal from the contract. Information on the manner and effects of withdrawal from the contract, including the right to withdraw from the contract for the Consumer - is included in Attachment No 1.
- Until the Seller begins the execution of the order:
- The Client may change his order using the technical solution available on the Electronic order form and by going through the entire order path again. The change of the order is made by placing a new order, which replaces the previous one. Any possible payment made by the Client is settled towards the new order, and in case of overpayment it is returned to the bank account from which the payment was made.
- The Client may cancel his order by selecting the "cancel order" option available on the Electronic order form page.
- In case of cancellation of the order by the Client, the Seller shall return the received payment within 3 working days. The return of payment shall be made by using the same method of payment as used by the Client.
- The lead time for the order is between 1 and 30 working days from the day of concluding the Contract.
§ 4. Payment
- The Online Shop offers the possibility of making payments in the form of prepayments, . The option of deferred payment is possible in situations individually agreed with the Seller.
- Payment for the Goods is made in a way as chosen during placing an order on the Electronic order form.
- Currently available methods of prepayment in the Online Shop are available at the address https://ombre.com/eng-payments.html.
§ 5. Delivery
- On the Electronic order form, the Client selects the method of delivery by ticking the choice made.
- In the case when the Goods are not collected by the Client, which results in return of the Goods to the Seller - the Seller may withdraw from the sales contract. Withdrawal from the contract takes place through submitting to the Client a statement in the form of an e-mail.
- In the situation indicated in the section 2, the Seller shall immediately return to the Client the received payment for the Goods purchased by the Client.
- The currently available methods of delivery in the Online Shop are available at the address https://ombre.com/eng-delivery.html.
§ 6. Withdrawal from the contract - electronic return form
- Client who is a Consumer, who has concluded a Distance selling contract may withdraw from it within 14 days without giving any reason. In case of withdrawal from the Distance selling contract - the contract is considered as not concluded.
- A natural person who is running a sole proprietorship making a non-professional purchase shall also have the right to withdraw from the contract on the rules specified in chapters 6 and 7 of these Terms and Conditions.
- The Merchant shall verify the right to submit a statement of withdrawal from the Contract by the person referred to in point 2. Verification is conducted by checking whether the concluded contract is not of a professional nature for this person - which in particular is conducted by analysing the PKD codes indicated in the Central Registration and Information on Business.
- In the case of recognizing that the purchase of the goods made by a person running a sole proprietorship in the Online Shop was of a professional nature - the Merchant shall immediately, i.e. no later than within 3 working days from the receipt of a statement of withdrawal - inform the person making the statement, that due to the professional nature of the purchase made - he/she is not entitled to withdraw, and therefore the statement of withdrawal from the contract - shall not have legal effects. If, together with the statement of withdrawal, a physical return of the goods has been made - the goods shall be sent back at the expense of the person making the statementand to the address previously specified in the order. The Merchant's reply shall be given using the same method as the one used by the person making the statement.
- In the case of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.
- The Consumer's statement must unequivocally express his will to withdraw from the contract; in particular the Consumer may:
- Use the Electronic return form available on the website of the Online Shop: https://ombre.com/client-orders.php?display=returns. The Seller shall immediately confirm on a durable medium the fact of receiving the statement of withdrawal from the contract submitted through the above mentioned form.
- Withdraw from the contract using the withdrawal form, which is Attachment No. 2 - by sending it to the address of the Seller’s registered office.
- Sthe Seller shall immediately confirm on a durable medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in 1 and 2 above.
- To meet the deadline it is sufficient to send the statement before its expiry.
- The period for withdrawal from the contract shall begin:
- for the contract in performance of which the Seller issues an item, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer to another carrier, and in the case of a contract which:
- includes many items, which are delivered separately, in batches or parts - from taking possession of the last item, batch or part;
- consists in regular delivery of goods for a fixed period of time - from taking possession of the first item;
- for other contracts - from the date of conclusion of the contract.
- for the contract in performance of which the Seller issues an item, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer to another carrier, and in the case of a contract which:
- Form of the declaration of withdrawal from the contract (Attachment No. 2 to these Regulations) and information on exercising the right of withdrawal from the contract (Attachment No. 1 to these Regulations) shall be provided to the Consumer in the electronic form indicated in paragraph 3 point 8 of these Regulations.
- Right to withdraw from the Distance selling contract is not available to the Consumer in relation to the contracts refffered to in Article 38 of the polish Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, that includes contracts:
- where the price or remuneration depends on fluctuations in the financial market, over which the trader does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract;
- where the subject of the service is an unprocessed item, produced according to the Client's specifications or serving to satisfy his individual needs;
- whose subject of the service is an item delivered in sealed packaging, which cannot be returned for health protection or for hygienic reasons, if the packaging was opened after delivery;
- whose subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of digital content and electronic licenses that are not stored on a durable medium, if the performance began with the Consumer's express consent before the expiry of the deadline for withdrawal and after the trader informs him of the loss of the right of withdrawal;
- the object of which is an item that is subject to rapid deterioration or has a short period of useful life, and in which the object of performance is an item that, after delivery, is inseparably connected with other items due to its nature;
- for the supply of newspapers, periodicals or magazines, except for the subscription agreement;
- concluded by public auction;
- for the provision of accommodation services other than for residential purposes, carriage of Goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
- where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and whose delivery can only take place after 30 days and whose value depends on market fluctuations, over which the entrepreneur has no control;
§ 7. Effects of withdrawal from a contract of sale of goods
- The Seller, within 14 days from the day of receiving the statement of withdrawal from the Contract of sale of Goods, shall return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest way of delivery offered by the Seller.
- The return of payment shall be made using the same method of payment as the Consumer used.
- If the Consumer in order to exercise the right of withdrawal - uses the Electronic return form - the funds shall be returned in the chosen way and to the bank account provided by the Consumer.
- If the Seller has not proposed to collect the Goods from the Consumer by himself, he may withhold the return of payments received from the Consumer until he receives the Goods back or receives from the Consumer proof of Goods‘ return, depending on which event occurs earlier.
- The Seller may propose to the Consumer to collect the item from the Consumer himself. However, if the Seller has not made such an offer - the Consumer shall return the item to the Seller (or to the person authorized by the Seller to collect it) immediately, but not later than 14 days from the day on which he withdrew from the contract. In order to keep the deadline, it is sufficient to send back the item before deadline expiry. The goods which the Consumer returns should be sent to the address of the Seller's registered office.
- The Consumer shall be responsible for reduction of the value of the Goods resulting from its use in a manner exceeding the one necessary to determine the nature, characteristics and functioning of the Goods.
§ 8. Complaints
- The Seller is obliged to deliver the Goods free from physical and legal defects and is responsible to the Client for physical and legal defects of the purchased Goods on the principles set forth in the polish Civil Code.
- If the Goods have physical or legal defects, the Client may submit a complaint to the Seller under the warranty for defects:
- through an Electronic complaint form;
- in a written form to the address of Seller‘s registered office or via e-mail to the email@example.com.
- The application should specify the defect, which, in the opinion of the Client, the Goods have, demands toward the Seller, and if possible - document the said defect. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If the Seller has not responded within the aforementioned period, it shall be deemed to have acknowledged the complaint. The above deadline does not apply to the complaint in connection with which the Client wants to withdraw from the contract. The response to the complaint shall be provided by the Seller to the Client in writing or on a durable medium.
- The steps to be taken by the Client in order to lodge a complaint, including the method of delivery of the claimed Goods to the Seller are indicated at individual stages in the Electronic complaint form.
- In the case of the Seller's recognition of the complaint as justified: costs of replacement, repair, including the cost of shipment related to the complaint of the Goods shall be borne by the Seller.
- The Merchant shall verify whether the complaint submitted by a natural person running a sole proprietorship making a purchase of a non-professional nature is of a non-professional nature for that person. Verification shall be made by analysing the PKD codes indicated in the Central Registration and Information on Business.
- If, as a result of the complaint submitted by the Consumer, the dispute has not been resolved, the Seller provides the Consumer with a statement on paper or other durable medium:
- an intention to request the initiation of proceedings for the out-of-court settlement of consumer disputes or consent to participate in such proceedings, or
- refusal to participate in out-of-court consumer dispute resolution proceedings.
§ 9. Opinions
- In the specified period after the execution of the Order, the Client who has an Account - may be asked in an e-mail to add an Order service evaluation and particular goods evaluation. Order service evaluation and particular goods evaluation is voluntary and free of charge, and in order to do so, Client should click on the link, which transfers to a separate page. Within one order - the Client has the possibility to add the above mentioned ratings only once.
- The Customer may assign the above mentioned Rating in the form of stars from 1 to 5 and add a verbal statement limited to 65 535 verbal signs. The ratings are automatically signed with the Client's name and city, which is indicated by the Client when registering an Account.
- The ratings are stored and presented publicly on the website of the Online Shop as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
- The Seller does not verify the content or does not control the Assessment of orders. The Client is solely and independently responsible for the statement made within the assessment. The Seller is entitled to block the Assessment in whole or in part on the principles resulting from legal regulations and these Regulations.
- It is unacceptable to place content containing untrue, misleading, vulgar, aggressive, offensive or obviously considered inconsistent with good manners. It is also unacceptable to place content of an illegal nature, violating the rights of third parties or constituting an act of unfair competition.
- The Client undertakes not to place content that contains links to external websites, having a promotional or advertising character or containing personal data of third parties. It is also prohibited to place content of an illegal nature, in particular those constituting an act of unfair competition, etc.
- The Client is responsible for the statements he edited and posted, in particular, is responsible for the infringement of rights or goods of third parties.
- At the Client's express request, the content of the Assesmnet may be hidden for other users of the Shop, but the awarded rating in the form of stars is included in the overall rating of the Shop and the Goods
§ 10. Intellectual property
- The Client declares that he has no rights of any kind, including copyright or related rights to the Assessment and statements posted by him, except for the right to use the Online Shop in the manner specified in the Regulations. The Client is not entitled to record, multiply, make available, make public or distribute the content in any way, unless such right results from legal regulations or the Regulations.
- The Client is not entitled to any interference with the content, in particular is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Shop.
- By placing in the Online Shop the Assessment, which are works within the meaning of the polish Act of 4.2.1994 on Copyright and Related Rights - the Client grants the Seller a non-exclusive and free of charge and not limited in time and territory license to use these works by the Seller, together with the right to grant sublicense, which includes making the work available to the public in such way that everyone can have access to it at a place and time chosen by them (Internet). The license is granted with reference to all fields of exploitation known at the time of granting it, in particular to the following fields of exploitation:
- within the scope of recording and multiplication of the work by any technique - in particular by printing, reprography, magnetic or digital recording, i.e. using any techniques on any audiovisual or visual carrier, in particular on audiovisual disks, CDs, computer disks, in a multimedia network, including Internet and related online services, and multiplication, recording, use in the Internet, advertising, multiplication of the recording in electronic form in the computer memory and in internal and external networks,
- use of the whole or fragments or any elements of the work with the possibility of modification resulting from the essence of the given Internet medium - in all publications, in particular online, digital, in newsletters and information, alone or in combination with other works or fragments of works; use of the whole or fragments for promotion and advertising, in particular in the form of audiovisual, audio, media advertising.
- in respect of circulation of the original or copies on which the work is recorded - marketing, lending, rental of the original or copies
- as regards distribution of the work in a manner other than that specified above, to the public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, and to the public making the work available to the public in such a way that everyone can access it at a place and time of their choice,
- use of works for promotional and marketing purposes.
- Cancellation of the Account by the Client or the Assessment in accordance with chapter IX point 8 does not affect the validity of the above license.
§ 11. Final provisions
- These Terms and conditions of the Online Shop apply from 2022.05.26.
- In case of change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and shall be binding on the Seller and the Client.
- The law applicable to resolve any disputes related to the Regulations is Polish law. Such disputes shall be resolved by a common court of competent local jurisdiction. The Client who is a Consumer may also make use of out-of-court ways of examining complaints and pursuing claims. All information concerning out-of-court ways of handling complaints and asserting claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary in nature and both parties must agree to them.
- On the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that an online platform for the settlement of disputes between consumers and traders at the EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is a website with a one-stop-shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
§ 12. Attachment 1 - Information on exercising the right of withdrawal
- A person running a sole proprietorship who makes a purchase of a non-professional character, i.e. resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Business, shall also have the right to withdraw from the contract under the following rules. You have the right to withdraw from the contract under the following rules - the Consumer. The Consumer shall have the right to withdraw from the contract under the following rules. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
- in the case of a sales contract, from the day on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods;
- in the case of a contract requiring transfer of ownership of multiple items, which are delivered separately from the day on which you acquire possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;
- in the case of a contract imposing an obligation to transfer ownership of items delivered in instalments or parts from the day on which you acquire possession of the last lot or part or on which a third party other than the carrier and indicated by you acquires possession of the last lot or part;
- in the case of contracts for regular delivery of goods for a fixed period of time from the day on which you acquire possession of the first item or on which a third party other than the carrier and indicated by you acquires possession of the first item;
- in the case of contracts for the supply of services or digital content which are not supplied on a durable medium, from the day of conclusion of the contract.
- To exercise your right of withdrawal, you must inform us, ESPIR S.C., Ppłk. Nilskiego - Łapińskiego 46, 18-100 Łapy, tel. , firstname.lastname@example.org about your decision to withdraw from this agreement by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
- You may use the model withdrawal form, but this is not obligatory.
- You can also fill in the Electronic return form available on the Online Shop's website: https://ombre.com/client-orders.php?display=returns. If you make use of this option, we will immediately send you a confirmation of receipt of your withdrawal on a durable medium.
- In order to keep the withdrawal period, it is sufficient for you to send information about the exercise of your right of withdrawal before the withdrawal period expires.
- In the event of withdrawal from this contract, the Seller shall reimburse the Customer all payments received from the Customer, including the costs of delivery of the Goods (with the exception of the additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered by the Seller), immediately and in any event no later than 14 days from the date on which the Seller is informed of the Customer's decision to exercise the right of withdrawal from this contract. The seller will reimburse the Customer using the same payment methods as the Customer used in the original transaction, unless the Customer have expressly agreed otherwise.
- n the case of contracts obliging the transfer of ownership of the goods, in which we have not offered to take back the Goods in case of withdrawal from the contract - we shall refrain from returning the payment until we have received the goods or until we have been provided with proof of their return, whichever occurs first.
- Please send back the returned item ESPIR S.C., Ppłk. Nilskiego - Łapińskiego 46, 18-100 Łapy immediately, and in any case not later than 14 days from the day on which you informed us about your withdrawal from this contract. The deadline is met if you send back the item before the expiry of the 14-day deadline. You will have to bear the direct costs of returning the item.
- Due to the weight and dimensions of the Goods, in case of withdrawal from the contract - the return of the Goods may involve higher costs than the usual postage. If you wish to use the services of courier companies, it may be necessary to send the goods on a pallet, which is more expensive than a regular postage.