1. General information.
These regulations define the rules for making purchases in the online store run by the Seller at https://e-christmastree.ie . The seller is Jakub Osika, 59 KILLEGLAND MEADOWS, KILLEGLAND STREET, ASHBOURNE, CO. MEATH, A84 FH52 Conducting business activity on the basis of a sole proprietorship, subject to entry in the Central Register of Economic Activities. Also referred to as the “Service Provider”. You can contact the Service Provider by:
- at the following phone numbers: (+353) 85 710 2261 . the cost of the call as per your network operator’s tariff.
- using the email address: firstname.lastname@example.org .
- via the contact form available at: https://e-christmastree.ie/contact/
- Regulations – these regulations. In terms of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204 as amended).
- Customer – a natural person, legal person or organizational unit without legal personality but having legal capacity, which, on the terms set out in these regulations, places an Order in the Online Store.
- Consumer – a customer who is a natural person who uses the Online Store for purposes not directly related to its business or professional activity.
- Service Provider – an entity providing sales services via the Online Store on the terms set out in these Regulations.
- Object of the transaction – Goods listed and described on the website of the Online Store.
- Goods – a movable item, presented in the Online Store, to which the Sales Agreement applies.
- Additional service – a service provided by the Service Provider to the Customer outside the Online Store due to the nature of the Goods sold.
- Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using the Store’s website.
- Online Store (Store) – a website available at https://e-christmastree.ie/ through which the Customer may place an Order.
- Order – Customer’s declaration of will clearly specifying the type and quantity of Goods, aimed directly at the conclusion of the Sales Agreement.
- ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network.
3. General rules.
- These Regulations define the rules for using the online store available at https://e-christmastree.ie/ .
- The condition for placing an Order in the Online Store by the Customer is to read these Regulations and accept its provisions during the execution of the Order.
- Online store https://e-christmastree.ie/ . runs retail sales via the Internet.
- All Goods offered in the shop https://e-christmastree.ie/ . are brand new, originally packed, free from physical and legal defects, and have been legally placed on the European market.
- As part of the technical requirements necessary to work with the ICT system used by the Service Provider to make purchases, the Customer should have an active e-mail account (e-mail) and a device connected to the Internet that meets the following minimum technical requirements:
- b. minimum screen width resolution of 1200 pixels.
- The customer is obliged not to provide content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties.
4. Placing orders.
- All prices on the website https://e-christmastree.ie/ are gross prices in Euro. The prices given do not include shipping costs.
- Orders are accepted via the website / by phone / e-mail.
- Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year.
- The order is effective if the Customer correctly completes the order form and correctly provides contact details, including the exact address to which the Goods are to be shipped, as well as the telephone number and correct e-mail address.
- In the event that the provided data is not complete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order.
- In the ordering process, the customer may express the will to receive a fiscal receipt or VAT invoice, which may be attached to the shipment or sent electronically, to the indicated e-mail address in the form of an electronic image of billing documents, in particular, such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent also entitles the Seller to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 20, 2012 on sending invoices in electronic form, rules for their storage and the procedure for making them available to the tax authority or tax inspection authority. </ li>
- When placing the Order, the Customer may consent to the placement of personal data in the database of the Seller’s Online Store for the purpose of processing them in connection with the Order. In the event of consent, the Customer has the right to inspect his data, correct it and request its removal.
- The customer may use the option of saving his data by the system in order to facilitate the process of placing another Order. For this purpose, the Customer should provide the password necessary to access his account. The Customer’s login is the e-mail address provided by him. The password is a sequence of characters set by the Customer. The Customer’s password is not known to the Seller and the Customer is obliged to keep it secret and protect it against unauthorized access by third parties.
- After the Customer places an effective order, he will receive an automatic response from the store confirming receipt of the order.
- The time of commencement of the order fulfillment is the moment the payment is credited to the bank account specified in the order confirmation in the case of payment by bank transfer or the moment the order is placed in the case of card or online payment, or when the “cash on delivery” option is selected.
5. Shipping costs and date.
- The goods are shipped to the address indicated in the order form or provided by phone or e-mail. The store will inform the customer immediately of an incorrectly completed order form, which prevents or may delay the shipment.
- The goods are delivered by specialized courier companies or via the Ireland Post. In some cases, it is possible to collect the goods in person at the seller’s premises.
- The shipment will be delivered in the shortest possible time, usually it is no longer than 7-10 working days.
- The customer is charged for delivery (shipping) specified in the transport price list available on the ordering page.
- We issue a receipt or personal proof of purchase (invoice) for each product sold.
- Payment for the ordered goods can be made on delivery (upon receipt of the goods), via the electronic payment system (PayU) or by transfer to the store’s bank account.
7. Withdrawal from the contract.
- A consumer who has concluded a distance contract has the right to withdraw from the contract without giving a reason by submitting an appropriate statement in writing, within 14 days (legal basis: Article 7 (1) of the Act of March 2, 2000 on certain consumer rights and liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271, as amended). This deadline is a deadline and is counted from the date of delivery of the item, and when the contract concerns the provision of the service – from the date of its conclusion. To meet this deadline, it is enough to send a statement before its expiry to the address of the Service Provider.
- In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary course of business.
- The return should be made immediately, not later than within 14 days. The purchased goods should be returned to the address of the Service Provider.
- In accordance with the Act, the following are not refundable: the provision of services commenced, with the consent of the Customer, before the deadline referred to in Art. 7 section 1, concerning audio and visual recordings and computer programs saved on carriers after the Customer has removed their original packaging, contracts for services for which the price or remuneration depends solely on the price movement on the financial market, services with the properties specified by the Customer in the complex by him or her order or closely related to his person, services which, due to their nature, cannot be returned or whose subject is quickly deteriorating, delivery of the press, gaming and betting services.
8. Complaints procedure.
- Products have a manufacturer’s, importer’s or seller’s warranty, valid in Poland. The warranty period for each product can be found in its description on the store’s website. Detailed conditions for the implementation of the guarantee are specified in the guarantee form issued by the guarantor. Most of the products have warranties implemented directly by the manufacturers’ authorized service points. The exact addresses of service points can be found on the warranty cards attached to the products and on the manufacturers’ websites. The Customer may also carry out a warranty claim procedure through the Seller.
- Complaints should be submitted to the address of the Service Provider.
- When submitting a complaint, the advertised product should be delivered to the Service Provider along with a proof of purchase.
- The service provider will consider the complaint within 14 days from the date of submission of the complaint. If the complaint is considered in favor of the customer, the service provider will repair or replace the advertised goods with new, full-value goods or return the value of the purchased goods.
- If the goods are inconsistent with the contract, the Customer may demand to bring them into conformity with the contract by free repair or replacement with a new one, unless repair or replacement is impossible or requires excessive costs. When assessing the excess of costs, the value of the goods in accordance with the contract as well as the type and degree of non-compliance are taken into account. (Act of 27 July 2002 on specific terms of consumer sale and amending the Civil Code).
- The customer loses the rights specified in point 5 of this paragraph, if the shop does not notify the store about this fact within two months from finding the non-compliance of the goods with the contract. To meet the deadline, it is enough to send a notice before its expiry.
8a. Courier shipments.
- Please always check the condition of the package in the presence of the courier. The courier is obliged to wait for unpacking and checking the condition of the package if it is not damaged.
- In the event of damage to the goods or any lack of it – upon receipt of the parcel, report the damage to the courier and prepare a damage report on site. In the absence of such a protocol, claims for damage will not be considered. If the courier does not have the forms with him, a “damage report” should be drawn up manually with the date and time of writing the report and the signature of the courier and the courier (it can be on a regular sheet of paper). Demand the correct protocol for the next day and call the courier company to report it. It should be noted in the report that the damage was reported upon receipt (not by phone). Please inform us about everything for further information.
9. Change of the regulations.
- Customers who have an account in the Store will be informed about the change in the Regulations via e-mail.
- If there has been a change to the Store Regulations since the last login, the Customer accepts or not its provisions after the changes. In the absence of acceptance of the terms of the Regulations, in particular after introducing its changes, shopping in the Online Store is not possible.
- A customer who does not accept the changes introduced in the Regulations has the right to delete the account at any time.
- Orders placed by customers before the entry into force of amendments to the Regulations will be implemented in accordance with the existing provisions of the Regulations.
10. Final provisions.
- In matters not covered by these Regulations, the provisions of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000 No. 22 item 271 as amended), of July 27, 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended), the Act of April 23, 1964 – Civil Code (Journal of Laws 1964 16, item 93, as amended).
- Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Store and the Customers, will be considered by the competent court in accordance with the provisions on factual and local jurisdiction in accordance with the Act of November 17, 1964, Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).