eQuestConnect.com online store terms and conditions
The terms and conditions below define the rules for making purchases at the online store eQuestConnect.com, operated by the Seller. Before starting to use the online store, customers are required to read the Terms and Conditions. The Terms and Conditions are made available continuously on the website of the Store in a manner that allows customers to acquire, reproduce, and secure their contents. The current version of the terms was published on 24.08.2023.
§ 1 Definitions
Terms and Conditions – these Online Store Terms and Conditions;
Online Store – the website at the address equestconnect.com managed by the Seller, allowing Users to enter into Sales Agreements;
Seller (Service Provider) – DATA Katarzyna Wrona, ul. Narbutta 11/10, 02-536 Warsaw, VAT ID: 5661998506, registered in the Central Registration and Information on Business of Poland managed by the minister responsible for the economy, email address: kontakt@equestconnect.com.
Client (Service Recipient) – User who intends to enter into or has entered into a Sales Agreement with the Seller. A natural person with full capacity to perform acts in law, and in cases provided by generally applicable laws also a natural person with limited capacity to perform acts in law; a legal person or an organizational unit without legal personality, which the law grants legal capacity, using the Electronic Service;
Product (Goods) – a movable item available in the Online Store that is the subject of the Sales Agreement;
Materials – information contained on the website of the Store, including names and descriptions as well as photos and graphic illustrations of goods;
Order – a declaration of will by the Client clearly specifying the type and quantity of Products, aimed directly at concluding a Sales Agreement remotely via the Online Store;
Sales Agreement – a sales agreement of the Product concluded or to be concluded between the Client and the Seller via the Online Store;
Electronic Service – a service provided electronically by the Service Provider for the Service Recipient via the Online Store.
§2 General Provisions
1. The condition for placing an Order in the Online Store is to read these Terms and Conditions and accept its provisions at the time of placing the Order.
2. The Service Provider provides the following electronic services through the Online Store:
2.1. enabling Clients to place Orders for Products available within the online store and entering into Sales Agreements for Products remotely;
2.2. Providing Clients with information about the Products available in the Online Store.
3. Technical requirements necessary to cooperate with the teleinformatic system used by the Service Provider:
3.1. Connection to the Internet network through an internet connection with a real bandwidth of min. 1 Mbps.
3.2. Use of one of the internet browsers: Mozilla Firefox version 77.0 and higher, Microsoft Edge version 87.0 and higher, Google Chrome version 78.0 and higher, Safari version 9.1 and higher.
3.3. One of the operating systems: Android version 9.0 or higher, iOS version 9.0 or higher, Windows 7 or newer, Mac OS 11 or newer.
3.4. A computer or mobile device with a processor min. 2 GHz. and operational memory RAM min. 2 GB.
3.5. Email address.
3.6. Mobile phone number.
4. Prices given in the Store include VAT and are retail prices gross and are binding at the moment of the Client’s Order.
5. Sales are carried out on the territory of Poland.
6. Due to the specificity and nature of the Products and individual monitor settings, photos and images of the Goods presented in the Store may differ from their actual appearance. Possible differences do not constitute a basis for a complaint.
7. The condition for the execution of the Order is the availability of the Product at the manufacturer. In case of unavailability of part or all of the Products making up the Order, the Client is informed about this by email or telephone and asked to make a decision regarding further proceedings regarding the Order (cancellation of the Order, execution of the Order without missing goods, longer waiting for the execution of the Order, choice of another product instead of the missing one).
8. All products offered in the store are free from physical and legal defects and have been legally introduced to the Polish market.
9. The use of the Seller’s name, store logo, or materials by the User is prohibited except in cases explicitly indicated in the Terms and Conditions or other situations where the Seller has given written consent for the use of such materials.
§ 3 Placing Orders – Concluding a Sales Agreement
1. Orders are accepted by the Online Store 24 hours a day, 7 days a week, excluding periods of technical downtime.
2. To place an order, the Client adds products to the cart, then selects the delivery method and payment form. At the order summary stage, the Client receives information about the total value of the products and delivery costs.
3. An order is placed by pressing the “Order and pay” button.
4. An order is effective if the Client properly completes the order form and correctly provides contact information, including name, delivery details: street, house number, postal code, city, phone number, and email address.
5. After placing an order, the Client will receive an email confirmation of the order. Additionally, a Store employee may contact the Client by phone to confirm the order.
6. Upon the Client receiving the email mentioned above, a Sales Agreement is concluded between the Client and the Seller.
7. The preservation, protection, and provision to the Client of the contents of the concluded Sales Agreement occur by making these Terms and Conditions available on the Online Store’s website, sending the Client an email confirming the order and the conclusion of the Sales Agreement. The content of the Sales Agreement is additionally preserved and secured in the Seller’s Online Store’s information system.
8. The Seller reserves the right to verify the authenticity and correctness of the data provided by the Client. In case of negative verification of data (address, phone, email), the Seller reserves the right to cancel the Order and withdraw from the Agreement.
9. The Seller reserves the right to cancel the Order and withdraw from the Agreement if the client has not made payment or did not collect the order in the past.
§4 Payment Methods
1. The Client purchases products at prices and delivery costs applicable at the time of placing the order.
2. The Seller reserves the right to change prices and delivery costs, especially in the case of changes in the price lists of service providers. This provision does not apply to orders already being processed.
3. The Seller provides the following payment methods:
3.1. Electronic payments via the PayU service.
4. For certain types of assortment, the Service Provider reserves the right to limit payment methods by excluding selected payment options on the Site.
§ 5 Method and Cost of Delivery
1. Products are delivered to the address specified by the Client in the order form.
2. To process the order, the Client must provide contact information (name, phone, email) and delivery address (street, house number, postal code, city). If incorrect, incomplete, or false information is provided, the Seller will attempt to contact the Client to supplement or verify it. In such a case, if contact with the Client is impossible, the Seller reserves the right to cancel the order and withdraw from the Agreement.
3. The Seller provides product delivery services directly to the indicated address within Europe. In exceptional cases, after prior contact with the Seller, it is possible to collect the goods in person at a location specified by the Seller or have the goods delivered by the Seller.
4. The Seller reserves the right to refuse to provide the delivery service if the delivery address is not within the administrative boundaries of Poland.
5. Information about the delivery costs of selected products is provided at the ordering stage.
6. If it is necessary to extend the processing time, the Seller will contact the Client to individually determine the delivery date.
§ 6 Complaints
1. The Purchaser may submit complaints to the Seller regarding discrepancies of the Product with the Sales Agreement.
2. Notifications of the Product’s non-conformity with the Sales Agreement and the submission of the appropriate request can be made via email to: kontakt@equestconnect.com or by registered letter sent to the Seller’s address: DATA Katarzyna Wrona, ul. Narbutta 11/10, 02-536 Warsaw.
3. A properly filed complaint should include at least: the Purchaser’s name and surname, correspondence address, Purchaser’s email address, date of the Agreement that forms the basis of the complaint, subject of the complaint, indicating the Purchaser’s demand, all circumstances justifying the complaint, confirmation of purchase (purchase confirmation, VAT invoice or confirmation of transfer).
4. The Client is obliged, upon the Provider’s request, to supplement or provide additional information necessary for the proper consideration of the Complaint. If it is necessary to assess the non-conformity of the Product with the Agreement, it must be delivered to the address specified by the Seller.
5. The Seller will respond to the Client’s request promptly, no later than within 30 working days. The response to the complaint will be sent to the address provided by the Client, unless the Client specifies another method.
6. If the Provider acknowledges the complaint, the obligations related to the conclusion of the Agreement and the possible return of the Product to the Seller, to the extent that the complaint has been recognized, will be refunded to the Client’s bank account within 14 days from the day of sending the appropriate communication to the Client about acknowledging the complaint. The refund will occur to the bank account from which the payment was made or in another way agreed with the Client.
7. Any lack of response from the Provider concerning the complaint within the specified deadline is treated as an acknowledgment of the complaint.
8. Complaints do not cover: natural wear and tear of the Product, mechanical damage caused by the Client.
§ 7 Withdrawal from the Sales Agreement (Product Return)
1. A Client who is a Consumer and who has entered into a Sales Agreement with the Seller using the Store has the right to withdraw from the Sales Agreement without stating any reason within 14 calendar days from the day of delivery of the purchased Product.
2. The right to withdraw does not apply to the Consumer in relation to contracts referred to in art. 38 of the act, particularly in contracts:
2.1. for the provision of Services, if the Seller has fully performed the Service with the express consent of the Consumer, who was informed before the beginning of the performance that after the completion of the service by the Seller, he will lose the right to withdraw from the contract,
2.2. in which the subject of the service is a non-prefabricated item, made according to the Consumer’s specification or serving to satisfy his individualized needs,
2.3. in which the subject of the service is an item subject to rapid decay or having a short shelf life,
2.4. in which the subject of the service is an item delivered in a sealed package which cannot be returned once opened for health protection or hygiene reasons, if the packaging was opened after delivery,
2.5. in which the subject of the service are things which, due to their nature, are inseparably mixed with other items after delivery.
3. To meet the deadline, it is sufficient to send a statement of withdrawal from the agreement before its expiry to the email address: kontakt@equestconnect.com or by registered letter to the Seller’s address: DATA Katarzyna Wrona, ul. Narbutta 11/10, 02-536 Warsaw.
4. Upon receiving the statement of withdrawal from the Agreement, the Seller will send confirmation of receipt by email to the Client. In case of withdrawal from the Agreement, it is considered as not concluded, and the consumer is released from any obligations. What the parties have provided is returned unchanged, unless the change was necessary within the bounds of ordinary management.
5. The return should occur immediately, no later than within 14 days from the day on which the Consumer withdrew from the Agreement, unless the Seller proposed to pick up the Product himself. To preserve the deadline, it is enough to send back the Products before it expires.
6. The Seller is obliged to refund all payments made by the Client, including the cost of delivering the goods to the Client, promptly and no later than within 14 calendar days from the date of receiving the statement of withdrawal from the Agreement (except for additional costs arising from the delivery method chosen by the Client other than the cheapest standard delivery method available in the Online Store).
7. The Seller returns payments using the same payment method used by the Client unless the Client has explicitly agreed to another refund method that does not incur any costs for them.
8. The Seller reserves the right to withhold a refund in the case of the Consumer’s withdrawal from the agreement until receiving the Products back.
9. The Seller reserves the right not to accept COD shipments sent to them and is not responsible for the costs associated with such shipments.
10. The Consumer is responsible for any reduction in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics, or functioning of the Goods.
11. The conditions for withdrawing from the Sales Agreement for Buyers who do not have the status of a Consumer are regulated by the provisions of the Civil Code.
§ 8 Personal Data Processing
Personal data provided by the Client in the Online Store is processed in accordance with all regulations governing the processing of personal data, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union No. 119, p. 1, as amended) and the Act of May 10, 2018, on the protection of personal data (consolidated text, Journal of Laws of 2019, item 1781). Details regarding the processing of personal data can be found in the Privacy Policy of December 1, 2020, available at https://equestconnect.com/polityka-prywatnosci/, which is an integral part of the Terms and Conditions.
§ 9 Final Provisions
1. The Seller reserves the right to interruptions in access to the Store caused by technical service, maintenance work, or efforts to improve the functionality of the Store. The Seller commits to making every effort to ensure that these interruptions occur during nighttime hours and last as briefly as possible.
2. The Seller reserves the right to make changes to the Terms and Conditions. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Consumer as a Service Recipient has the right to withdraw from the contract.
3. The Consumer has the option to use an out-of-court method of dispute resolution and claim enforcement before a permanent amicable court at the appropriate Provincial Inspectorate of Trade Inspection. Information about how to access the aforementioned mode and dispute resolution procedures can be found at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
4. The Seller informs that an online dispute resolution platform between consumers and businesses at the EU level (ODR platform – Online Dispute Resolution) is available at the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
5. Any disputes arising between the Seller and the Consumer shall be adjudicated by the competent common courts.
6. Any disputes arising between the Seller and the Client who is not a Consumer shall be adjudicated by the common courts competent for the Seller’s headquarters.
7. All Intellectual Property Rights to the Products belong to the Seller or its licensors. All such rights are reserved.
8. The exclusive right to the content provided through the Online Store, especially copyrights, the name of the Online Store, the Seller’s trademarks, their graphic elements, software, and rights to databases are owned by the Seller or its licensors and are subject to appropriate protection.
9. In matters not regulated in these Terms and Conditions, the relevant legal provisions shall apply, in particular the provisions of the Civil Code and the Act on Consumer Rights.