Store regulations
Regulations valid from March 14, 2023
1. These Regulations define the general terms, conditions and methods of sale conducted by "STUDIO MK" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, via the online store endo.pl (hereinafter referred to as: " Online Store ”) and specifies the terms and conditions for the provision of free services by electronic means by "STUDIO MK" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw.
§ 1 Definitions
1. Working days - means days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier - means the entity with which the Seller cooperates in the scope of Delivery of Goods:
a) courier company;
b) InPost Paczkomaty Sp. z o. o. with its registered office in Kraków, providing Delivery services and operating the post office box system (Paczkomaty) - applies only to Delivery within the territory of the Republic of Poland;
c) Ruch SA with its registered office in Warsaw, providing Delivery services within the points of sale for the "ORLEN Paczka" service - applies only to Delivery within the territory of the Republic of Poland;
d) DHL Parcel Polska Sp. z o. o. with its registered office in Warsaw, providing the Delivery service within DHL Parcel points (DHL Parcelshop) - applies only to Delivery within the territory of the Republic of Poland.
4. Password - means a sequence of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - means an entity to which services may be provided electronically in accordance with the Regulations and legal provisions or with which an Agreement may be concluded.
6. Consumer - means a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
7. Customer Account – means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has completed Registration and concluded an agreement for the provision of the Customer Account service.
8. Gift Wrapping Service ("Service") - a paid service provided by the Seller, consisting in decorative packaging of the Goods that are the subject of the Goods Sale Agreement concluded between the parties.
9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
10. Entrepreneur with Consumer Rights - means a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
11. Regulations - means these regulations.
12. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
13. Seller's Office - means the place for handling complaints and returns of Goods, at the following address: DTW Logistics, Endo Returns Department, Panattoni Park Warsaw West, ul. Sochaczewska 98C, 05-870 Błonie
14. Seller – means "STUDIO MK" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (02-222), ul. Aleje Jerozolimskie 185, NIP: 7010345945, REGON: 146172015, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000935987, with the share capital of PLN 55,000; e-mail: e-sklep@endo.pl, which is also the owner of the Online Store. BDO number - 000124777.
15. Store Website - means the websites under which the Seller runs the Online Store, operating in the endo.pl domain.
16. Goods - means the product presented by the Seller via the Store Website.
17. Durability - the ability of the Goods to maintain their functions and properties during normal use.
18. Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form.
19. Agreement - means an agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as to templates, forms, logos posted on the Store Website (with the exception of logos and photos presented on the Store Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified in and in accordance with the Regulations and with the Seller's consent expressed in writing.
2. The Seller will endeavor to ensure that the Online Store is accessible to Internet users using popular web browsers, operating systems, device types, and internet connection types. The minimum technical requirements for using the Store Website are a web browser of at least Microsoft Edge 83 or Chrome 83 or FireFox 77 or Opera 68 or Safari 13.1 or newer, with Javascript enabled, accepting cookies, and an internet connection with a bandwidth of at least 1 Mbit/s. The Store Website is optimized for mobile devices with a resolution of 320x240 or higher and for desktop devices with a resolution of 1024x768 or higher.
3. The Seller uses cookies, which are saved by the Seller's server on the hard drive of the Customer's end device when Customers use the Store Website. The use of cookies is intended to ensure the proper operation of the Store Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause any configuration changes in the Customers' end devices or the software installed on these devices. Each Customer may disable cookies in their end device's web browser. The Seller points out that disabling cookies may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Store Website and to use the services provided electronically via the Store Website, the Customer must have an active e-mail account.
5. The Customer is prohibited from providing illegal content and from using the Online Store, the Store Website or free services provided by the Seller in a manner that is contrary to the law, good practice or infringes the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access and modification of Customer data. Therefore, Customers should use appropriate technical measures to minimize the above-mentioned threats. In particular, they should use antivirus software and identity protection programs for Internet users. The Seller will never ask the Customer to provide their Password in any form.
7. It is not permissible for the Customer to use the resources and functions of the Online Store for the purpose of conducting activities that would infringe the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities involving the posting of content unrelated to the Seller's activities; activities involving the posting of false or misleading content.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to complete a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. To register, the Customer must complete the registration form provided by the Seller on the Store's Website and submit the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During registration, the Customer sets an individual Password.
4. The Customer also has the option to log in via their Facebook.com user account. Logging into the Customer Account is accomplished via a dedicated redirect from the Online Store to the Facebook.com website, where the Customer is prompted to provide their Facebook.com username and password. After authorization on Facebook.com, the Customer is redirected back to the Online Store. The Facebook.com username and password are not recorded or stored by the Seller.
5. When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate box in the form.
6. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller will clearly inform the Customer of the purpose of collecting their personal data, as well as any known or anticipated recipients of such data.
7. The Customer's consent to the processing of their personal data for marketing purposes does not condition the conclusion of an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration to the Seller. The declaration may, for example, be sent to the Seller via email to e-sklep@endo.pl.
8. After submitting the completed registration form, the Customer will immediately receive confirmation of Registration from the Seller via email to the email address provided in the registration form. At this point, an agreement for the electronic provision of the Customer Account Management service is concluded, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration.
§ 4 Orders
1. The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Contract.
2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
3. A Customer placing an order via the Store Website completes the order by selecting the Goods they are interested in, or the Goods they are interested in and the Gift Wrapping Service, and then adds it to the Cart by selecting the "ADD TO CART" command. After completing the entire order and selecting the Delivery and payment method in the "CART," the Customer places the order by sending the order form to the Seller, selecting the "Order and Pay" button on the Store Website. Each time, before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, or Goods, Delivery, and the Gift Wrapping Service (including the method of execution), as well as any additional costs they are obligated to incur in connection with the Agreement.
4. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Contract.
5. After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
6. Then, after confirming the order, the Seller sends information about the order being accepted for processing to the email address provided by the Customer. Information about the order being accepted for processing constitutes the Seller's declaration of acceptance of the offer referred to in §4 section 9 above, and upon its receipt by the Customer, the Agreement is concluded.
7. After concluding the Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address indicated when placing the order.
§ 5 Payments
1. The prices on the Store Website are gross prices and do not include information on Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Agreement, about which the Customer will be informed when selecting the Delivery method and placing the order.
2. The customer can choose the following payment methods:
a) bank transfer to the Seller's bank account (in this case, the execution of the order will be initiated after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the Seller's bank account);
b) by payment card via the external payment system Visa Checkout, operated by Visa USA Inc. with its registered office in Foster City (in this case, the execution of the order will be initiated after the Seller sends the Customer a confirmation of acceptance of the order and after the Seller receives information from the Visa Checkout system about the payment made by the Customer);
c) payment card or bank transfer via the external payment system PayU, operated by PayU SA with its registered office in Poznań (in this case, the execution of the order will be initiated after the Seller sends the Customer a confirmation of order acceptance and after receiving information from the PayU system about the successful completion of the payment);
d) a payment system using the deferred payment option (PayU Pay Later) implemented through the PayU payment operator under the terms specified in detail in the agreement concluded between the Customer and the PayU lending partner, and on the PayU payment intermediary's portal, to which the Customer is redirected when such payment is selected. The Seller's lending partner is Twisto Polska sp. z o. o. with its registered office in Warsaw.
e) cash on delivery, payment to the Supplier upon Delivery (for orders with a total value of up to PLN 1,000.00 gross) - with the exception of Delivery via Ruch SA and the "Parcelshop DHL" Delivery option (in this case, the execution of the order will be initiated after the Seller sends the Customer a confirmation of order acceptance).
3. The Customer should pay for the order in the amount resulting from the concluded Agreement within 3 Business Days, if he has chosen the form of prepayment.
4. If the Customer fails to make payment within the time limit specified in the Terms and Conditions, the Seller will set an additional payment deadline for the Customer and inform the Customer of this on a Durable Medium. Information about the additional payment deadline will also include information that upon the unsuccessful expiration of this deadline, the Seller will withdraw from the Agreement. In the event of the unsuccessful expiration of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the Agreement on a Durable Medium pursuant to Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller delivers within Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France (mainland only), Spain (mainland only), the Netherlands, Ireland, Latvia, Lithuania, Luxembourg, Germany, Portugal (mainland only), Romania, Slovakia, Slovenia, Sweden, Hungary, the United Kingdom, and Italy. If the delivery address for the Goods is a country outside the European Union, the total order value does not include any fees or taxes that may be required by the government of the country where the Customer resides or is established. The Customer may be obligated to pay, in particular: local fees or taxes in accordance with applicable local law. If the country of delivery is the United Kingdom, the Customer will be informed of the delivery costs, including customs clearance costs and any other costs that the Customer will be required to incur in connection with the Agreement, when placing the order.
2. The Seller is obliged to deliver the Goods that are the subject of the Contract free from defects.
3. The Seller publishes information on the number of Business Days required for Delivery and order fulfillment on the Store Website.
4. The delivery and order fulfillment deadline indicated on the Store Website is calculated in Business Days in accordance with the Regulations.
5. Ordered Goods are delivered to the Customer via the Supplier to the address indicated on the order form. If InPost Sp. z o.o. with its registered office in Krakow is selected as the Supplier, the Delivery address will be the address of the parcel locker selected by the Customer at the time of ordering. If Ruch SA with its registered office in Warsaw is selected as the Supplier, the Delivery address will be the address of the "ORLEN Paczka" point of sale selected by the Customer at the time of ordering. If the delivery option provided by the Supplier - DHL Parcel Polska Sp. z o.o.: Pickup at a DHL Parcel point - is selected, the Delivery address will be the address of the DHL Parcel collection point selected by the Customer at the time of ordering. The "Pickup at a DHL Parcel point" delivery option is available only within the territory of the Republic of Poland.
6. On the day the Goods are sent to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
7. The Customer is obligated to inspect the delivered shipment within the time and manner customary for that type of shipment. If any loss or damage is detected, the Customer has the right to request that an employee of the Supplier prepare an appropriate report.
8. The Seller, in accordance with the Customer's wishes, will attach proof of purchase to the shipment being delivered, or will send an invoice covering the Goods delivered or the Goods delivered and the Gift Wrapping Service provided via email to the email address provided by the Customer during Registration or when placing a one-time order. To receive a VAT invoice, the Customer should declare at the time of purchase that they are purchasing the Goods and/or Service as an Entrepreneur (taxpayer). This declaration is made by checking the appropriate box on the order form before submitting the order to the Seller.
9. If the Customer is not present at the address provided by them when placing the order as the Delivery address, the Supplier's employee will leave a delivery note or attempt to contact them by phone to arrange a time when the Customer will be present. If the Supplier returns the ordered Goods to the Online Store, the Seller will contact the Customer by email or phone to re-agree with the Customer on the delivery date and cost.
§ 7 Warranty
1. The Seller guarantees Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
a) submit a declaration of price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfill the obligation to replace the Goods with defect-free ones or remove the defects. The Customer may, instead of the Seller's proposed removal of the defect, request replacement of the Goods with defect-free ones or, instead of replacement of the Goods, request removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed under another method of satisfaction are also taken into account.
b) demand replacement of the defective Goods with defect-free ones or removal of the defect. The Seller is obligated to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into conformity with the Contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing the defective Goods into conformity with the Contract. The costs of repair or replacement are borne by the Seller.
3. An entrepreneur exercising warranty rights is obligated to deliver the defective item to the Seller's address. The Seller covers the delivery costs. The Goods subject to the complaint should be delivered or sent to the following address: DTW Logistics, Endo – Returns Department, Panattoni Park Warsaw West, ul. Sochaczewska 98C, 05-870 Błonie
4. The Seller is liable under the warranty if a physical defect is discovered within two years of the Goods being delivered to the Customer. A claim for removal of the defect or replacement of the Goods with defect-free goods is subject to a one-year limitation period, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Agreement or submit a declaration of price reduction due to the defect in the Goods. If the Customer requested replacement of the Goods with defect-free goods or removal of the defect, the period for withdrawal from the Agreement or submission of a declaration of price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.
5. Any complaints related to the Goods or the performance of the Agreement may be submitted by the Customer in writing to the following address: DTW Logistics, Endo – Returns Department, Panattoni Park Warsaw West, ul. Sochaczewska 98C, 05-870 Błonie, or via e-mail to: reklamacje@endo.pl.
6. The Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Agreement submitted by the Customer within 14 days from the date of the request containing the complaint.
7. The Customer may submit a complaint to the Seller regarding the performance of the Contract for the Gift Wrapping Service. Complaints may be submitted, for example, electronically and sent to reklamacje@endo.pl. The Customer should include a description of the problem in the complaint. The Seller will review the complaint and respond to the Customer promptly, but no later than within 14 days.
8. The Entrepreneur may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. Complaints may be submitted electronically and sent to reklamacje@endo.pl. The Entrepreneur should include a description of the problem in the complaint. The Seller will review the complaint and respond to the Entrepreneur promptly, but no later than within 14 days.
§ 8 Non-conformity of the goods with the contract. Complaint by the Consumer and the Entrepreneur with the rights of the Consumer.
1. The goods are in conformity with the contract if, in particular, their: a) description, type, quantity, quality, completeness and functionality, and in the case of goods with digital elements – also compatibility, interoperability and availability of updates, are in conformity with the contract; b) suitability for a specific purpose for which the Consumer or Entrepreneur with Consumer rights needs it, about which the Consumer or Entrepreneur with Consumer rights has notified the Seller no later than at the time of conclusion of the contract and which the Seller has accepted.
2. Furthermore, in order to be considered compliant with the contract, the Goods must:
a) be suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
b) be present in such quantity and have such features, including durability and safety, and in the case of Goods with digital elements – also functionality and compatibility, that are typical for Goods of this type and that a Consumer or an Entrepreneur with Consumer rights may reasonably expect, taking into account the nature of the Goods and the public assurance given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
a. he was not aware of the public assurance given and, judging reasonably, could not have been aware of it;
b. before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided, or in a comparable manner;
c. the public assurance did not influence the decision of the Consumer or Entrepreneur with consumer rights to conclude the contract.
c) be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights may reasonably expect to be provided;
d) be of the same quality as the sample or model that the Seller made available to the Consumer or Entrepreneur with the rights of the Consumer before concluding the contract, and correspond to the description of such sample or model.
3. The Seller shall not be liable for the lack of conformity of the Goods with the contract to the extent referred to in §8 section 2, if the Consumer or an Entrepreneur with the rights of the Consumer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in §8 section 2, and expressly and separately accepted the lack of a specific feature of the Goods.
4. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods if:
a) it was carried out by the Seller or under his responsibility;
b) incorrect installation carried out by the Consumer or an Entrepreneur with Consumer authorisation resulted from errors in the instructions provided by the entrepreneur or a third party.
5. The Seller is liable for any lack of conformity of the Goods with the contract that exists at the time of delivery and is discovered within two years of that date, unless the Goods' shelf life, as determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer. Any lack of conformity of the Goods with the contract that becomes apparent within two years of delivery is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is inconsistent with the nature of the Goods or the nature of the lack of conformity.
6. The Seller may not invoke the expiry of the deadline for determining the lack of conformity of the Goods with the contract specified in §8 section 5 if he fraudulently concealed this lack.
7. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with the rights of the Consumer may demand that they be repaired or replaced.
8. The Seller may replace the Goods if the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may repair the Goods if the Consumer or Entrepreneur with Consumer rights requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
9. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience for the Consumer or the Entrepreneur with the Consumer's rights resulting from the change in the method of bringing the Goods into conformity with the contract.
10. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller is informed by the Consumer or Entrepreneur with Consumer rights of the lack of conformity with the contract, and without undue inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer rights acquired them. The costs of repair or replacement, including, in particular, postage, shipping, labor, and materials, shall be borne by the Seller.
11. The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at its own expense.
12. If the Goods were installed before the non-conformity of the Goods with the contract was revealed, the Seller shall dismantle the Goods and reassemble them after repair or replacement or commission such activities at its own expense.
13. The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the normal use of the Goods that were subsequently replaced.
14. If the Goods are inconsistent with the contract, the Consumer or an Entrepreneur with the rights of a Consumer may submit a declaration of price reduction or withdrawal from the contract when:
a) the Seller refused to bring the Goods into conformity with the contract in accordance with §8 section 8 above;
b) the Seller has not brought the Goods into conformity with the contract in accordance with §8 section 10 to §8 section 12 above;
c) the lack of conformity of the Goods with the contract persists despite the Seller's attempt to bring the Goods into conformity with the contract;
d) the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in §8 section 7 to §8 section 12 above;
e) it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or the Entrepreneur with the Consumer's rights.
15. The Seller is obliged to respond to the consumer's complaint within 14 days of its receipt.
16. The Seller shall refund to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer or Entrepreneur with Consumer rights on the price reduction.
17. A Consumer or an Entrepreneur with Consumer rights may not withdraw from a contract if the lack of conformity of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is material.
18. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with the rights of the Consumer may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods acquired by the Consumer or the Entrepreneur with the rights of the Consumer together with the Goods that are not in conformity with the contract, if it cannot be reasonably expected that the Consumer or the Entrepreneur with the rights of the Consumer would agree to retain only the Goods that are in conformity with the contract.
19. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer or Entrepreneur with Consumer rights immediately, no later than 14 days from the date of receipt of the Goods or proof of their return.
20. The Seller shall refund the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for him.
21. The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 9 Withdrawal from the Agreement
1. A Consumer and an Entrepreneur with Consumer rights who has concluded a Distance Agreement may withdraw from it within 30 days without giving any reason.
2. The period for withdrawal from the Sales Agreement begins from the moment the Consumer, the Entrepreneur with the rights of the Consumer or a third party indicated by them other than the carrier takes possession of the Goods.
3. A Consumer or an Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller's address: DTW Logistics, Endo – Returns Department, Panattoni Park Warsaw West, ul. Sochaczewska 98C, 05-870 Błonie, or via email to the Seller's address: zwroty@endo.pl. The declaration may be submitted on a form, the template of which has been posted by the Seller on the Store Website at: Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before its expiry.
Consumers and entrepreneurs with consumer rights may return goods using the paid "Convenient Returns" service provided by AlleKurier Sp. z o.o. in Kraków (30-149), which is communicated via the Store's website in the Returns tab. Using the "Convenient Returns" service is voluntary for the Customer. Each time before using the service, the Customer is informed of its gross cost. The Customer can use the link available at: https://endo-sklep.pl/pages/zwroty
4. In the event of withdrawal from the Agreement, it is considered not to have been concluded.
5. If the Consumer or Entrepreneur with Consumer rights submitted a declaration of withdrawal from the Contract before the Seller accepted his offer, the offer ceases to be binding.
6. The Seller is obligated to immediately, and no later than 14 days from the date of receipt of the Consumer's or Entrepreneur's declaration of withdrawal from the Sales Agreement, refund all payments made by the Consumer, including the cost of delivery of the Goods to the Consumer or Entrepreneur with Consumer rights. The Seller may withhold the refund of payments received from the Consumer or Entrepreneur with Consumer rights until the Goods are returned or the Consumer or Entrepreneur with Consumer rights provides proof of sending back the Goods, whichever occurs first.
7. If the Consumer or Entrepreneur with Consumer rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur with Consumer rights for the additional costs incurred by him.
8. The Consumer or Entrepreneur with Consumer rights is obligated to return the Goods to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller's address before the deadline expires. The returned Goods should be delivered or sent to DTW Logistics, Endo – Returns Department, Panattoni Park Warsaw West, ul. Sochaczewska 98C, 05-870 Błonie.
9. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights shall bear only the direct costs of return.
10. If, due to their nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer and the Entrepreneur with Consumer rights about the costs of returning the goods on the Store's Website.
11. The Consumer and the Entrepreneur with the rights of the Consumer are liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
12. The Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for him.
§ 10 Free services
1. The Seller provides free services to Customers electronically:
a) Contact form;
b) Newsletter;
c) Recommend to a friend;
d) Maintaining the Customer Account;
e) Notify me of availability.
2. The services indicated in §9 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected services listed, about which it will inform Customers in a manner appropriate to the amendment of the Regulations.
4. The Contact Form service involves sending a message to the Seller using the form available on the Store Website.
5. Cancellation of the free Contact Form service is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Newsletter service is available to any Customer who enters their email address or telephone number using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer will immediately receive confirmation from the Seller via email to the email address/telephone number provided in the registration form. At this point, an agreement for the electronic provision of the Newsletter service is concluded. During Registration, the Customer may also select the appropriate box in the registration form to subscribe to the Newsletter service.
7. The Newsletter service involves the Seller sending—at the Customer's discretion—an electronic message to the Customer's email address or a text message to the Customer's telephone number, containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed, via the Customer's chosen communication channel.
8. Each Newsletter addressed to specific Customers contains in particular: information about the sender, a completed "subject" field specifying the content of the message, and information on the possibility and method of unsubscribing from the free Newsletter service.
9. The Customer may at any time opt out of receiving the Newsletter by unsubscribing using the link provided in each e-mail or text message sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
10. The free "Recommend to a Friend" service allows the Seller to allow Customers to send an electronic message to a friend regarding a selected Product. Before sending the message, the Customer specifies the Product to be recommended, and then, using the "Recommend to a Friend" function, completes a form providing their email address and the email address of the friend to whom they wish to recommend the selected Product. The Customer may not use this service for any purpose other than recommending the selected Product. The Customer does not receive any remuneration or other benefits for using this service.
11. Cancellation of the free Recommend to a Friend service is possible at any time and consists in ceasing to send recommendations of selected Goods to the Customer's friends.
12. The Customer Account Management service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel on the Store Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
13. A Customer who has registered may submit to the Seller a request to delete the Customer Account, and if the Seller submits a request to delete the Customer Account, it may be deleted within 14 days of submitting the request.
14. The free Notify about availability service consists in the Seller enabling the Customer to send, via a form available on the Store Website, a request for the Seller to send a one-time notification to the e-mail address provided by the Customer when the product indicated by the Customer is available in the Store.
15. Resignation from the free Notify about availability service is possible at any time and consists in not using the service available on the Store's Website.
16. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller, i.e., advertises another entrepreneur or product; posts content unrelated to the Seller's business; posts false or misleading content, as well as if the Customer acts to the detriment of other Customers, violates legal provisions or the Terms and Conditions, and when blocking access to the Customer Account and free services is justified by security reasons – in particular: if the Customer breaches the security of the Store Website or engages in other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller will notify the Customer of blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.
§ 11 Personal data protection
1. The principles of Personal Data protection are set out in the Privacy Policy.
§ 12 Termination of the contract (does not apply to Sales Agreements)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2. The Customer who has registered terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Seller, using any means of distance communication, enabling the Seller to become familiar with the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.
§ 13 Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the event of a dispute arising under this Agreement, the parties will endeavor to resolve the matter amicably. Polish law shall apply to all disputes arising under these Terms and Conditions.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. Rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or the Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection . The Seller informs that a platform for online dispute resolution between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/ .
5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfillment before the effective date of the new Terms and Conditions will be fulfilled based on the Terms and Conditions in force on the date the Customer places the order. Amendments to the Terms and Conditions will take effect within 7 days from the date they are published on the Store's Website. The Seller will inform the Customer 7 days prior to the effective date of the new Terms and Conditions by sending an email containing a link to the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they are obligated to notify the Seller, which will result in termination of the contract in accordance with the provisions of §11 of the Terms and Conditions.
6. Agreements with the Seller are concluded in Polish.
7. The Regulations enter into force on January 1, 2023.