Terms and Conditions

Terms and Conditions of the emaga.pl Online Store

1. General Information

1. These Terms and Conditions set out the rules for using the emaga.pl online store and for placing orders through the Store.
2. The seller and operator of the Store is EMAGA AI Sp. z o.o., with its registered office at Aleja Solidarności 68/121, 00-240 Warsaw, Poland, NIP: 5253077745.
3. The Store is available at emaga.pl.
4. Contact details:
   • e-mail: info@emaga.pl
   • phone: +48 602 142 777
5. These Terms and Conditions apply to all customers using the Store, including consumers, entrepreneurs and entrepreneurs with consumer rights, where applicable under mandatory law.

2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

• Store - the online store operated at emaga.pl
• Seller - EMAGA AI Sp. z o.o.
• Customer - any natural person, legal person or organizational unit using the Store
• Consumer - a natural person acting for purposes outside their trade, business or profession
• Order - the Customer’s declaration of intent to purchase goods from the Store
• Account - an individual customer account created in the Store
• Sales Agreement - the distance sales agreement concluded between the Customer and the Seller through the Store

3. Products

1. The Store offers products available in its current assortment.
2. Unless explicitly stated otherwise in the product description, all products offered in the Store are new.
3. Product descriptions, prices and availability shown in the Store are provided for information purposes and become binding at the moment the Seller accepts the Order for processing.
4. Product images are illustrative. Minor differences between the image and the actual product, resulting for example from display settings or manufacturer updates, shall not constitute a defect unless otherwise required by law.

4. Store Account

1. A Customer may place an Order:
   • by creating an Account, or
   • without creating an Account, by providing the data necessary to complete the Order.
2. Creating an Account is free of charge.
3. To create an Account, the Customer must provide a valid e-mail address and create a password.
4. The Customer is responsible for keeping login details confidential and for ensuring that the data provided in the Account is accurate and up to date.
5. The Account allows the Customer in particular to:
   • place Orders
   • manage personal and delivery data
   • view order history

5. Technical Requirements

To use the Store properly, the Customer should have:

• a device with internet access
• an up-to-date web browser
• an active e-mail address
• cookies and JavaScript enabled, if required for proper operation of the Store

6. Placing Orders

1. Orders may be placed 24 hours a day, 7 days a week through the Store website.
2. To place an Order, the Customer should:
   • select the product or products
   • add the selected product or products to the cart
   • complete the order form
   • choose the delivery and payment method
   • confirm the Order by clicking the button indicating an obligation to pay
3. Clicking the button equivalent to "Place order and pay" or "Order with obligation to pay" constitutes submission of a binding Order.
4. After the Order is placed, the Seller sends an e-mail confirming receipt of the Order.
5. The Sales Agreement is concluded when the Customer receives confirmation that the Order has been accepted for processing.
6. The Seller may contact the Customer to clarify order details if the information provided is incomplete or incorrect.

7. Prices and Payments

1. Prices displayed in the Store are shown in the currency currently selected in the Store and include VAT where applicable, unless expressly stated otherwise.
2. The total order price includes:
   • the price of the goods
   • delivery costs, if applicable
   • any additional charges clearly indicated before the Order is placed
3. The Store may offer various payment methods, including online payments, card payments, bank transfer and other methods displayed during checkout.
4. If the Customer chooses bank transfer, the Order may be processed after the payment is received by the Seller.

8. Delivery

1. Delivery is available to the countries indicated in the Store during checkout.
2. Available delivery methods and costs are displayed before the Customer places the Order.
3. Delivery time depends on product availability, the selected delivery method and the destination country.
4. If the ordered products have different delivery times, the longest delivery time may apply to the whole Order unless the Store states otherwise.

9. Right of Withdrawal

1. If the Customer is a Consumer, they have the right to withdraw from the distance Sales Agreement within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, takes physical possession of the goods.
3. To exercise the right of withdrawal, the Consumer should send a clear statement of withdrawal by e-mail or in writing before the withdrawal period expires.
4. The Consumer may use a model withdrawal form if the Seller makes one available, but this is not mandatory.
5. In the event of withdrawal, the Seller shall refund all payments received from the Consumer, including the cost of the least expensive standard delivery method offered by the Store, without undue delay and no later than within 14 days of receiving the withdrawal notice.
6. The refund will be made using the same payment method used by the Consumer, unless the Consumer expressly agrees otherwise and incurs no additional cost.
7. The Consumer should return the goods without undue delay and no later than within 14 days from the day on which they informed the Seller about the withdrawal.
8. The direct cost of returning the goods is borne by the Consumer, unless mandatory law provides otherwise.
9. The right of withdrawal does not apply in the cases provided by applicable law, including in particular:
   • goods made to the Customer’s specifications or clearly personalized
   • sealed goods which are not suitable for return for health protection or hygiene reasons if unsealed after delivery
   • digital content supplied without a tangible medium where performance has begun with the Consumer’s prior express consent and acknowledgment of the loss of the right of withdrawal

10. Complaints and Non-Conformity of Goods

1. The Seller is liable for the conformity of the goods with the contract in accordance with applicable law.
2. If the product is not in conformity with the contract, the Consumer may submit a complaint.
3. A complaint may be submitted by e-mail or in writing and should include:
   • customer details
   • order number or proof of purchase
   • description of the issue
   • requested method of handling the complaint, where applicable
4. As a rule, the Consumer may first request repair or replacement of the product, unless one of these remedies is impossible or would impose disproportionate costs on the Seller.
5. If repair or replacement is impossible, ineffective, or not provided within a reasonable time, the Consumer may be entitled to a price reduction or withdrawal from the contract in the cases provided by law.
6. The Seller will respond to the complaint within the period required by applicable law.

11. Intellectual Property

1. All rights to the Store, including its name, layout, graphics, texts, photos, trademarks, domain name and other content, belong to the Seller or its partners, unless stated otherwise.
2. Copying, distributing or using Store content without prior consent may infringe intellectual property rights.

12. Personal Data

1. Personal data is processed in accordance with applicable data protection law and the Store’s Privacy Policy.
2. Detailed information on the processing of personal data is available in the Privacy Policy published in the Store.

13. Changes to the Terms and Conditions

1. The Seller may amend these Terms and Conditions for valid reasons, in particular:
   • changes in applicable law
   • changes in Store functionality
   • prevention of abuse or violations
   • organizational or technical changes affecting Store operation
2. The amended Terms and Conditions will be published in the Store and, in the case of Account holders, may also be communicated by e-mail.
3. Changes shall not affect Orders accepted for processing before the effective date of the amended Terms and Conditions.

14. Applicable Law and Out-of-Court Dispute Resolution

1. These Terms and Conditions shall be governed by Polish law, subject to mandatory consumer protection provisions applicable in the Customer’s country of habitual residence.
2. A Consumer may use out-of-court complaint and redress procedures where available under applicable law.
3. Information on possible dispute resolution methods may be obtained from relevant consumer protection authorities or other competent institutions.

15. Final Provisions

1. These Terms and Conditions enter into force on the date of their publication in the Store.
2. In matters not regulated herein, the applicable provisions of law shall apply.
3. If any provision of these Terms and Conditions is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.