- The online store Ergomaster sp. z o.o., available at the Internet address ergomaster.eu is operated by Ergomaster sp. Z o.o. with its headquarters in Sępólno Krajeńskie, listed in the Register of Entrepreneurs kept by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register under number 0000488383, with a share capital of PLN 5 000,00 , TIN 8971794478, National Business Registry Number 022306101 .
- a) rules for registering and using the Account within the Online Store,
- b) terms and conditions for electronic submission of Orders within the Online Store,
- c) rules and procedures for concluding Sales Agreements with a Customer remotely via the Online Store.
- Vendor – Ergomaster sp. Z o.o. with its headquarters in Sępólno Krajeńskie, listed in the Register of Entrepreneurs kept by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register under number 0000488383, with a share capital of PLN 5 000,00, TIN 8971794478 , National Business Registry Number 022306101.
- Customer – the user making purchases via the Store.
- Store – online store run by the Vendor at the Internet address ergomaster.eu
18.07.2002 on Providing Services by Electronic Means (consolidated text, Journal of Laws of 2017, item 1219, as amended).
- Order – Customer’s declaration of intent placed via the Order Form and directly aiming at concluding a Product/Products Sales Agreement with the Vendor.
- Account – Customer account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
- Registration Form – form available in the Store, enabling the creation of an Account.
- Order Form – an interactive form available in the Store that allows placing an Order, in particular, by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Basket – an element of the Store’s software, in which the Customer can view the selected Products, and it is also possible to determine and modify the Order data, in particular, the quantity of products.
- Product – a personal property (goods) available and presented in the Store, which is the subject of the Sales Agreement between the Customer and the Vendor.
- Sales Agreement – Product Sales Agreement concluded between the Customer and the Vendor via the Online Store.
- Guarantor – the Vendor in the form of Ergomaster sp. Z o.o. that provides a guarantee.
Contact with the Store
- Vendor’s address: Ergomaster sp. Z o.o., Koronowska 22, 89-400 Sępólno Krajeńskie.
- Vendor’s e-mail address: email@example.com
- Vendor’s phone number: +48 52 389 44 72
- The Customer may communicate with the Vendor using the addresses and telephone numbers provided in this article.
- Using the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
- b) minimum screen resolution 1024 x 768 pixels.
- In order to use the Online Store, the Customer should get access to a computer station or terminal device with Internet access.
- The Vendor, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
- In accordance with applicable law, the Vendor reserves the right to limit the provision of services via the Online Store:
- a) for persons under 18 years of age. In this case, potential Customers who do not meet the above conditions will be notified,
- b) depending on the place of delivery – delivery of the Goods only in the form of own collection at the Vendor’s headquarters, about which the Customer will be each time notified by the Vendor.
- Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and functional parameters as well as prices, constitute an invitation to conclude an agreement, within the meaning of art. 71 of the Civil Code and do not constitute an offer.
- The prices provided on the Store are given in euro (EUR)
- All prices listed in the store are net prices – they do not include VAT (unless stated otherwise).
- The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), as well as any additional fees related to the implementation of the order such as customs duties, environmental taxes and other taxes and public levies about which the Customer is informed on the Store’s websites when placing the Order and again at the declaration of intent to be bound by the Sales Agreement.
- The language of the Sales Agreement concluded between the Vendor and the Customer is English.
- The law applicable to resolving all disputes between the Customer and the Vendor is the Polish law.
Creating an Account in the Store
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Vendor, in particular, via e-mail or in writing sent to the addresses provided in § 3.
- a) provided during registration in the online store data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
- b) has committed, through the online store, a violation of personal rights of third parties, in particular, the personal rights of other customers of the online store,
- c) commits other behaviours that will be considered by the Vendor to be inconsistent with applicable law or decency,
- d) The customer has payment arrears for any of his Orders.
- A customer who has been deprived of the right to use the Online Store may not register again without the prior consent of the Vendor.
- In order to ensure the security of the transmission of messages and data in connection with the services provided within the online store, the online store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
- The customer is obliged in particular to:
- a) not to provide or transfer content prohibited by law, e.g. content that promotes violence, defamatory or violates personal or other rights of third parties,
- b) use the Online Store in a way that does not interfere with its functioning, in particular, through the use of specific software or devices,
- c) not to take action, such as sending or publishing unsolicited commercial information as part of the Online Store (spam),
- d) use the Online Store in a way that is not inconvenient for other customers and the Vendor,
Order submission rules and conclusion of the Agreement
- In order to place an order the Customer should:
- a) log in to the Online Store or use the option of placing an Order without registration;
- b) select the Product being the subject of the Order by adding it to the Basket;
- c) perform further technical actions based on displayed messages and information available on the website.
- When placing an Order – until the “Order” button is pressed – the Customer has the option of modifying the entered data and configuration of the selected Product/Products. To do this, follow the displayed messages and information available on the website.
- After the Customer, using the Online Store, has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information regarding:
- a) subject of the Order,
- b) unit and total price of ordered Products and services, including delivery costs and additional costs (if applicable),
- c) selected payment method,
- d) selected delivery method.
- The Vendor will verify the data contained in the statement referred to in paragraph 5 and will set the final price for the ordered Products.
- After placing the Order and its verification by the Vendor, the Customer receives an e-mail containing the final confirmation of all relevant details of the Order.
- The Order is accepted for processing after the Vendor receives payment for the ordered Product.
- The Agreement shall be considered concluded upon receipt of the required payment from the Customer to the account specified in § 9 paragraph 1 letter a) of the Terms and Use or provided in the previously mentioned e-mail message. At this moment, the Vendor will proceed with the order.
- The payment deadline for the Order is 30 days from the date of its confirmation by the Vendor. Failure to pay for the Order within the above deadline will result in the Vendor cancelling the order.
- Products are delivered to the address indicated by the Customer when placing the Order. Depending on the place of delivery, the Vendor may only provide the option to collect the Order at the Vendor’s headquarters.
- The delivery of ordered Products takes place at the Customer’s expense with the Online Store’s own transport or a third party courier. Delivery costs will be determined by the Vendor in the Checkout section before confirming the order as well as the e-mail confirming the order. The Vendor does not guarantee the possibility of making an appointment with the driver for a specific time of delivery. Transport (in the variant without assembly) does not include the carrying service.
- The Customer can collect Products personally from the Vendor’s headquarters. Personal collection of the Product by the Customer is free of charge.
- The Customer will be additionally informed by the Vendor about the date of delivery or readiness of the Product for personal collection by the Customer by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
- Consolidation, protection, disclosure and confirmation of significant provisions of the Product Sales Agreement to the Customer are made by attaching the printout of the confirmation, Order specification and VAT invoice to the shipment containing the Product as well as sending these documents to the e-mail address provided by the Customer.
- The customer is obliged to pay due attention to the condition of the delivery received, in particular, its quantity and possible damage.
- If the Customer finds any irregularities: quantity deficiencies, incompleteness, damage to the package, damage to the goods, it is necessary to write a damage report with the carrier, take photos in the presence of the person delivering the Order and send it to the Vendor with a complaint.
- The delivered Product remains with the Customer until the Vendor has processed and completed the complaint.
Blue Media S.A. is the entity providing online payment services.
Available forms of payment.
1. Credit cards:
- Visa Electron
- MasterCard Electronic
If the need of returning the funds for a transaction made with a credit card occurs, the Vendor will issue a refund on the account assigned to the Customer’s credit card.
2. By bank transfer to the bank account number indicated in the e-mails
The lead time is counted from the moment of positive payment authorization.
- The Sale Agreement relates to new Products.
- According to article 558 § paragraph 1 of the Civil Code, the Vendor’s liability under the warranty for the Product towards the Customer is excluded.
- The deadline for submitting a complaint about quality and quantity deficiencies by the Customer is 14 days from the date the defect was found (non-compliance with the Agreement).
- Products sold in the ergomaster.eu online store are covered by the manufacturer’s warranty.
- The warranty period begins from the day the goods were released to the Customer. As part of the warranty, the Guarantor undertakes to remove a physical defect (repair) of the goods free of charge. If the repair proves impossible or is related to excessive difficulties or costs, the Guarantor may propose the replacement of the product with the same product, and if it is impossible, for a product with not worse functional parameters than the product subject to replacement or refund of the price paid.
- The warranty covers physical defects in the goods at the time they are released to the Customer and disclosed during the warranty period, i.e. 2 years and 1 year for electrical components.
- The complaint should include, among others, a brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
- The Customer should report the fault / defect / damage to the goods within 14 days from the day it is found, under pain of refusal to perform the obligations arising from the guarantee provided by the Guarantor.
- The Customer should carefully inspect the complaint product and describe the type of fault / defect / damage and report it to ergomaster.eu
- The Vendor shall respond to the Customer’s complaint request immediately, no later than within 14 days, and if it is not possible, to inform the Customer within this period when the complaint will be reviewed.
- The warranty does not cover product defects caused by:
- a) mechanical damage of frames which occurred after the goods were released to the Customer,
- b) damages during transport (in case of a personal collection of the goods by the Customer),
- c) improper assembly
- d) changes made by the Customer,
- e) natural wear of the components of the products,
- f) actions contrary to the intended use of the product,
- g) force majeure;
- The differences resulting from the comparison of the Product with the pictures presented on the website are not the basis for complaint.
- The warranty does not cover any claims of the Customer towards the Vendor in relation to the lost benefits caused by the occurrence of the defect.
- The Online Store is not responsible for damage, destruction or reduction of the functionality of the Product due to the customer’s alterations.
- In case of personal collection of the goods by the Customer, claims for the damaged goods should be collected by the Customer from the Vendor’s headquarters as follows from the FCA/EXW incoterms conditions.
Returns and refunds
The Customer, holds the right to a 14 days withdrawal period from the distance contract without stating the reason or bearing any additional costs. The desire to withdraw should be sent to the Customer Service Department at Ergomaster.eu It is optional to fill in the Cancellation Form ( available here ) and send it to us within 14 days from receiving the order. The Customer is obliged to return the goods within 14 days from withdrawing the Sales Agreement to the address indicated by the Vendor: Ergomaster sp. z o.o Koronowska 22, 89-400 Sępólno Krajeńskie, Poland. The cost of the delivery to the Vendor’s headquarters shall be borne by the Customer. Within 14 days from withdrawing, the Vendor shall return the total of the purchase order to the Customer including the delivery costs in the same form as the initial payment processed by the Customer.
The right of withdrawal is only for consumer contracts and does not apply to trade contract
Claims in the scope of providing services by electronic means
- The Vendor undertakes actions to ensure the fully correct operation of the Online Store, to the extent that results from current technical knowledge and commits to removing within a reasonable time any irregularities reported by customers.
- The Customer is obliged to immediately notify the Vendor of any irregularities or interruptions in the functioning of the Online Store website.
- Irregularities related to the functioning of the Store may be reported by the Customer in writing, by sending an e-mail to firstname.lastname@example.org , using the contact form or calling the Customer Service Department at +48 52 389 44 72
- In the complaint, the Customer should include his name, correspondence address, type and date of irregularities related to the functioning of the Store.
- The Vendor undertakes to process each complaint within 14 days, and if this was not possible, to inform the Customer within this period when the complaint will be reviewed.
Personal data in the Online Store
In the event of a dispute between the Vendor and The Customer where neither of the parties finds the previously presented resolutions satisfying, the Customer may refer to a mediator in the form of ODR Platform. The ODR is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet and is accessible at http://ec.europa.eu/consumers/odr/.
According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform.