Terms and Conditions of the Online Store
www.aeolio.com

§ 1. General Provisions

The online store www.aeolio.com operates in accordance with the rules set out in these Terms and Conditions. These Terms and Conditions define the terms of concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the online store www.aeolio.com, the principles of providing such services, and the terms of concluding and terminating agreements for the provision of electronic services. Each Customer, upon taking actions aimed at using the Electronic Services of the online store www.aeolio.com, is obliged to comply with the provisions of these Terms and Conditions.

In matters not regulated by these Terms and Conditions, the following provisions shall apply:

1. the Act on the Provision of Electronic Services of 18 July 2002
2. the Act on Consumer Rights of 30 May 2014
3. the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016
4. the Civil Code Act of 23 April 1964 and other applicable provisions of Polish law.

§ 2. Definitions Contained in the Terms and Conditions

1. Order Form – a form available on the website www.aeolio.com that enables the placement of an Order.
2. Client – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. Consumer – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
4. Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality, which is granted legal capacity by law, conducting business or professional activity in their own name.
5. Product – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
6. Terms – these Terms and Conditions of the Online Store.
7. Shop – the Service Provider’s Online Store operating at www.aeolio.com. SPRZEDAWCA / USŁUGODAWCA – DAI TO SE MICHAŁ WAWRZYNEK, JAKUB KOJDER CIVIL PARTNERSHIP, 357, 34-146 Stryszów, NIP: 5512661871. Contact address: hello@aleolio.com.
8. Sales Agreement – a sales agreement for the Product concluded between the Customer and the Seller via the Online Store.
9. Order – the Customer’s declaration of intent constituting an offer to conclude a Sales Agreement for the Product with the Seller.
10. Price – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3. Information on Products and Ordering – najprostsze i najczęściej spotykane.

1. The online store www.aeolio.com sells Products via the Internet.
2. The Products offered in the Online Store are new, compliant with the agreement, and have been legally placed on the Polish market.
3. The information contained on the Online Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specified Product under the conditions indicated in its description.
4. The Product price displayed on the Online Store’s website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
5. Orders may be placed through the website using the Order Form (Online Store www.aeolio.com) – 24 hours a day, all year round.
6. A condition for placing an Order in the Online Store by the Customer is reading these Terms and Conditions and accepting their provisions at the time of placing the Order.

§ 4. Conclusion of the Sales Agreement

For the conclusion of a Sales Agreement, it is necessary for the Customer to first place an Order using the method provided by the Seller, in accordance with § 3 points 5–6 of the Terms and Conditions. Upon placing an Order, the Seller shall immediately confirm its receipt. Confirmation of acceptance of the Order binds the Customer to the Order and is made by sending an e-mail message.

The confirmation of receipt of the Order includes: confirmation of all essential elements of the Order, a withdrawal form, and these Terms and Conditions containing information on the right of withdrawal. Upon receiving the e-mail message, a Sales Agreement between the Customer and the Seller is concluded. Each Sales Agreement will be confirmed with proof of purchase attached to the Product.

§ 5. Methods of Payment

The Seller provides the following payment method: payment via an electronic payment system. In the case of electronic payment, the Customer makes the payment before the execution of the Order begins. The electronic payment system allows payment by credit card or instant transfer from selected Polish banks.

The Customer is obliged to pay the price under the Sales Agreement within 2 business days from the date of its conclusion, unless the Sales Agreement provides otherwise. The Product will be shipped only after payment has been made.

§ 6. Cost, Time, and Methods of Product Delivery

The delivery costs of the Product, which are borne by the Customer, are determined during the Order placement process. The delivery time consists of the Product preparation time and the delivery time by the carrier: the Product preparation time is up to 5 business days. Products purchased in the Online Store are shipped exclusively within Poland via Poczta Polska or a courier company.

§ 7. Product Complaints

Complaint regarding the non-conformity of the Product with the agreement.

1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer for the non-conformity of the Product with the agreement are defined in the Act on Consumer Rights of 30 May 2014; the basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, under warranty, are defined in the Civil Code Act of 23 April 1964.
2. The Seller is liable to the Customer who is a Consumer for any non-conformity of the Product with the agreement that exists at the time of delivery of the Product and becomes apparent within 2 years from that time, unless the period of suitability of the Product specified by the Seller or persons acting on their behalf is longer.
3. Notifications of non-conformity of the Product with the agreement and the submission of the relevant request may be made via e-mail to the following address: hello@aleolio.com. In the message (in writing or electronically), as much information and as many circumstances as possible regarding the complaint should be provided, in particular the type and date of occurrence of the defect, as well as contact details. The information provided will facilitate and expedite the processing of the complaint.
4. For the purpose of assessing defects and non-conformity of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.
5. The Seller shall respond to the Customer’s request without undue delay, no later than within 14 days from the date of submission of the complaint. In the case of a complaint made by a Customer who is a Consumer, failure to respond within this period shall be deemed to constitute acceptance of the complaint.
6. In connection with a justified complaint by a Customer who is a Consumer, the Seller shall, as appropriate: cover the costs of repair or replacement and the re-delivery of the Product to the Customer; reduce the price of the Product (the reduced price must remain in proportion to the price of goods conforming with the agreement compared to goods not conforming with the agreement) and refund the Consumer the amount of the reduced price no later than within 14 days from the date of receipt of the Consumer’s statement on the price reduction; in the event of withdrawal from the agreement by the Consumer – refund the price of the Product no later than within 14 days from the date of receipt of the returned goods or proof of their return shipment. In the case of withdrawal from the agreement, the Consumer is obliged to promptly return the goods to the Seller at the Seller’s expense.
7. The response to the complaint shall be provided in writing or on another durable medium, such as e-mail or SMS.

§ 8. Right of Withdrawal from the Agreement

1. Subject to point 10, a Customer who is also a Consumer and who has concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate declaration within 14 days.
2. In the event of withdrawal from the agreement, the Sales Agreement shall be deemed not concluded, and the Consumer is obliged to return the Product to the Seller or deliver it to a person authorized by the Seller to collect it immediately, but no later than within 14 days from the date on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.
3. The Product shall be returned to the following address: DAI TO SE MICHAŁ WAWRZYNEK, JAKUB KOJDER CIVIL PARTNERSHIP, 357, 34-146 Stryszów.
4. The Consumer shall be liable for any diminished value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the manner and deadline for exercising the right of withdrawal and has not provided a withdrawal form. To establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect them only in the same way as they would be allowed to do in a brick-and-mortar store.
5. Subject to points 6 and 8, the Seller shall refund the value of the Product together with the cost of its delivery using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for them. The refund shall be made without undue delay, no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Online Store, the Seller is not obliged to refund the additional costs incurred.
7. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund until the Product has been received back or until proof of its return has been provided, whichever occurs first.
8. A Consumer withdrawing from the Sales Agreement shall bear only the costs of returning the Product to the Seller.
9. The 14-day period for withdrawal from the agreement, under which the Seller delivers a Product and is obliged to transfer its ownership, shall be counted from the day on which the Consumer (or a third party indicated by the Consumer, other than the carrier) took possession of the Product.
10. The right of withdrawal from a distance contract shall not apply to the Consumer, among others, in cases where the subject of the performance is a non-prefabricated good, produced according to the Consumer’s specifications or intended to meet their individual needs.
11. The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer in the event that the other party fails to perform its obligation under the agreement within a strictly specified deadline.

§ 9. Types and Scope of Electronic Services

1. The Service Provider enables the use of an Electronic Service via the Online Store, which consists of concluding Sales Agreements for Products.
2. The provision of the Electronic Service to Service Recipients in the Online Store takes place under the conditions set out in these Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Online Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.

§ 10. Terms of Providing and Concluding Agreements for the Provision of Electronic Services

The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge. The agreement for the provision of the Electronic Service consisting in enabling the placement of an Order in the Online Store is concluded for a definite period and shall be terminated upon the placement of the Order or the cessation of its placement by the Service Recipient.

The technical requirements necessary to cooperate with the ICT system used by the Service Provider are as follows: a computer (or mobile device) with Internet access, access to e-mail, an Internet browser, and the enabled use of Cookies and JavaScript in the browser.

The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, with due regard for the personal rights and intellectual property rights of third parties. The Service Recipient is obliged to provide data that is consistent with the actual state of affairs.

The Service Recipient is prohibited from providing unlawful content.

§ 11. Complaints Regarding the Provision of Electronic Services

1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient by email to the following address: hello@aleolio.com.
2. The email should include as much information and context regarding the subject of the complaint as possible, in particular the type and date of the irregularity, as well as contact details. Providing this information will significantly facilitate and expedite the processing of the complaint by the Service Provider.
3. The Service Provider shall address the complaint without delay, no later than within 14 days from the date of its submission.
4. The Service Provider’s response to the complaint shall be sent to the e-mail address provided by the Service Recipient in the complaint submission, or via another method indicated by the Service Recipient.

§ 12. FINAL PROVISIONS

1. Contracts concluded via the Store are governed by Polish law.
2. In the event that any part of the Terms and Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
3. Any disputes arising from Sales Agreements between the Store and Consumers shall be resolved primarily through negotiation, with the intent of reaching an amicable settlement, in accordance with the Act on out-of-court consumer dispute resolution. However, if this is not possible or satisfactory for either party, disputes shall be settled by a competent common court, in accordance with point 4.
4. Any disputes that may arise between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
5. A Consumer Client has the right to use out-of-court methods of dispute resolution, in particular by submitting – after the complaint procedure has been completed – a request for mediation or a request for the case to be heard by an arbitration court (application available at: www.uokik.gov.pl). A list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of the Trade Inspection is available at: www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also seek free assistance from the district (municipal) consumer ombudsman or a consumer protection organization. Out-of-court dispute resolution after the complaint procedure is free of charge.
6. The Consumer may, in order to amicably resolve a dispute, submit a complaint via the ODR (Online Dispute Resolution) platform: ec.europa.eu/consumers/odr.
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