Terms and conditions

These regulations define the rules and standards that regulate issues related to transactions concluded via the website http://www.ecohuman.pl.

1. PRELIMINARY PROVISIONS

The ECOHUMAN.PL online store on the website http://www.ecohuman.pl is owned by entrepreneur's company Ecohuman Dmytro Kubrak with its registered office at: Zofii Nałkowskiej str., nr 13, 83110, Tczew, POLAND entered into the Central Registration And Information On Business NIP: 7722408168, REGON: 525750766, hereinafter referred to as "ECOHUMAN".

The following general terms and conditions of sale are intended to regulate the relationship between ECOHUMAN and the end customer (consumer), hereinafter referred to as the Customer, hereinafter jointly referred to as the Parties. Placing an order with ECOHUMAN means acceptance of the conditions listed here, which are intended to define and regulate the relationship between the Parties, the sale and the rights and obligations arising from this sale.

ECOHUMAN undertakes to provide the highest standards in customer service.

When selling a product or service by ECOHUMAN, the general terms and conditions applicable at the time of concluding the contract in the form of placing an order apply.

Placing an order means:

- confirmation of reading the regulations before confirming the order;

- a statement that you have full legal capacity to undertake to accept these general terms and conditions of sale.

Minors may conclude contracts with ECOHUMAN only under the supervision of a parent or guardian, provided that the website is intended only for adults and the products sold by ECOHUMAN are not intended for purchase by minors

2. PRODUCTS ON THE WEBSITE

The features of the products and services offered for sale listed here are presented here in the form of photos, texts and other catalog documents (provided by manufacturers, ECOHUMAN partners and produced by ECOHUMAN) are the property of ECOHUMAN. It is forbidden to use it in public space without the consent of ECOHUMAN.

3. PRICES

The product prices given here are expressed in euros (hereinafter EUR) and/or in Polish zlotys (hereinafter PLN or PLN) and may or may not include shipping costs (free shipping). ECOHUMAN reserves the right to modify prices at any time without prior notice. Shipping costs will be specified in the order basket at its summary. Placing an order means that you have read and accepted the shipping costs and product prices.

Within the European Union, the customer does not incur any additional customs and tax costs, as long as the product prices already include VAT at the applicable rate.

However, outside the European Union and in accordance with applicable regulations, the customer may be charged with additional customs and tax costs. VAT refund is possible subject to applicable regulations and specific conditions for a specific country and is possible only after meeting these conditions (including documenting the export of purchased products).

4. DISCOUNTS, COUPONS, PROMOS

The customer can take advantage of discounts, coupons and promotions both when placing an online order and after placing an order by contacting our service using the communication sources listed in the Contact Information section.

5. SUBMIT AN ORDER

1. In order to place an order, information for identification is necessary, including company name or names and surnames, telephone number, postal address and electronic address (e-mail), as well as billing and shipping data.

The order is registered when the order is confirmed. The order will receive a number and will be displayed on the screen. In addition, a copy of the order will be sent to you by e-mail. All data entered by the Customer will be registered and, together with the products selected and added to the order, constitute proof of the order confirmation, content and date of the order.

2. To cancel or modify an order after it has been approved and placed, you will need to contact our customer service by email, telephone or other means of communication listed in the Contact Information section.

The ability to change or cancel an order for products that are made to order or are out of the catalog is limited or not possible.

3. Purchases made as part of business activity will require completion of all required data, including the intra-Community and/or national VAT number, if applicable. ECOHUMAN is not responsible for any damage to the customer's business due to delay in delivery, unavailability of the product, due to failure, defect, damage to the product or other similar situations.

4. ECOHUMAN guarantees transaction security

In order to protect against fraudulent transactions, ECOHUMAN directly and/or the payment system may verify the identity and address of the customer. It guarantees greater security as long as it allows for additional verification that the customer is using the credit/debit card used. In the event that payment by bank transfer, in order to ensure safe security, it can also be used to confirm the document confirming the address in the order and entitlement to the account.

6. PAYMENTS

1. Bank transfer is available when selecting payment methods in the payment section during order confirmation.

2. Payment by credit card is available when selecting payment methods in the payment section during order confirmation.

Available payment methods for payment cards:

* Visa

* Visa Electron=

* Mastercard

* MasterCard electronic card

* Master

If the customer chooses the method of payment by bank transfer, electronic payment or payment card, the order processing time is counted from the date of crediting ECOHUMAN's bank account.

The entities servicing online payments are: Blue Media S.A., mElements SA (Paynow).

In order to increase the security of online shopping, ECOHUMAN also guarantees and provides a secure payment system. At the time of payment, the customer's bank verifies the identity of the cardholder before approving the transaction. This service is offered by the customer's bank. The authentication process is specific for each bank (it can be, for example, a code received by SMS, e-mail), therefore prior verification by the customer of the payment card operation through consultation with the banking institution will facilitate the authentication process. Failure to verify the authentication process or three authentication failures will result in no payment being made. In this situation, the customer can try a different payment method.

The condition for the processing of the order is the receipt of payment.

7. ORDER FULFILLMENT

The goods available in the warehouse are usually shipped the next working day after the payment for the order is received.

In the event of force majeure or extraordinary events (natural disasters, epidemics, strikes, lockouts, etc.) that delay or prevent the delivery of products, additional delays may occur.

Orders involving additional services (assembly, installation of additional components, manipulation with the system, software update, ...) and/or the presence of special-order products in the order will be processed longer depending on the specific order, about which the customer will be informed.

8. PURCHASE DOCUMENT

The purchase document will be sent to the customer by e-mail and/or made available in the purchase details. At the customer's request, the purchase document can be sent to the customer via other means of communication. The date of issuing the purchase document is the date of posting the payment for the order or the date of sending the order.

9. DELIVERY

1. The delivery of the order is made to the address provided by the customer when placing the order. The value of the delivery depends on the weight, dimensions and location to which the order is to be sent and will be determined during the purchase and before finalizing the purchase, the Customer will be able to see the value of the delivery. The courier company delivers the order to the customer at the address provided. Pickup in person is also possible by prior arrangement.

ECOHUMAN reserves the right to refuse to deliver an order to certain public places in the absence of a guarantee of delivery security (hotels, schools, bars, restaurants, etc.). In practice, delivery to the recipient cannot be guaranteed at such locations.

2. Order delivery time varies depending on the selected carrier and destination. More information on the delivery of orders to specific destinations may be made available to the customer additionally via the means of communication listed in the Contact Information tab.

3. Receiving an order from the carrier requires the presence of the recipient or an authorized person. Delivery to the floor is not the responsibility of the courier. After receiving the order, the customer is obliged to immediately verify the condition of the package and its contents in the presence of the carrier / courier (whatever it is). In the event of damage to the tape or other protection, damage to the package, damage to the product or other anomalies such as liquid flooding of the package and/or product, improper smell, etc. list your specific reservations on the delivery note with courier confirmation and send this document within three days by email or letter to ECOHUMAN or by registered letter with return receipt to the carrier itself. By signing the bill of lading, the Customer accepts the delivery of the correct ordered products without reservations reported during the receipt. In this situation, claims for damage incurred in transport will not be considered.

10. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The legal basis for the return of goods purchased remotely is Article 27 of the Act of 30 May 2014 on consumer rights.

The customer has the right to withdraw from the contract without giving any reason and without incurring costs, with the exception of the costs specified in art. 33, art. 34 sec. 2 and Art. 35. within 14 days by submitting a relevant statement. The form of this statement can be any. A model withdrawal form is available below.

In the event of withdrawal from the contract, the contract is considered void. However, the customer is obliged to return the received products to ECOHUMAN at his own expense immediately, but not later than within 14 days from the date on which he submitted a statement of withdrawal from the contract. To keep the 14-day deadline, it is enough to send back the received products before its expiry. The customer only bears the direct cost of returning the returned products.

ECOHUMAN undertakes to immediately - not later than within 14 days from the date of receipt of the statement - return to the consumer all payments made by him, including the cost of delivery of the goods. ECOHUMAN returns the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

Important!

ECOHUMAN may withhold the refund until receipt of the returned products or confirmation of sending back the returned products. The customer is responsible for reducing the value of the returned products as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. ECOHUMAN has the right to submit a statement on deducting the claim due for compensation for reducing the value of the item with the Customer's claim for reimbursement of costs incurred in connection with the concluded contract if the Customer exceeds the scope necessary to determine the nature of the item, characteristics and functioning of the item, which means that the Customer withdrawing from of the contract may use the goods only as he would do in a stationary store. This means that before making a return, as in a brick-and-mortar store, most goods can only be viewed and tested in a very limited way. The Customer is obliged to take care of the goods until they are returned. After receiving the returned products, ECOHUMAN checks these products and if the Customer exceeds the scope necessary to determine the nature of the item, characteristics and functioning of the item, a statement will be prepared and sent to the Customer on the deduction of the claim for compensation for reducing the value of the item with the Customer's claim for reimbursement of costs incurred in connection with with the concluded contract. The decrease in the value of the goods may consist in particular in the need to pay the costs of cleaning and repair, if the goods can no longer be offered as delivered to the Customer, or in objectively justified loss of income by ECOHUMAN, which is related to the sale of the returned goods as used goods. ECOHUMAN also has the right to claim compensation, not only for the losses incurred, but also for the benefits that could have been gained if the damage had not been done.

Model withdrawal form

(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee [here the trader should enter the name of the trader, full postal address and, if available, fax number and e-mail address]

– I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific task involving the performance of the following items(*)/for the provision of the following service (*)

– Date of contract conclusion(*)/receipt(*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete where not applicable.

2. The legal basis for limiting the right to withdraw from the contract to the return of goods purchased remotely is Article 38 of the Act of 30 May 2014 on consumer rights.

Among other things, the right to withdraw from an off-premises or remote contract is not available to the consumer in relation to contracts:

for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;

in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;

in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery.

In practice, the right to withdraw from the contract does not apply to consumables and spare parts or to products delivered on special order or marked as such (including products outside the catalogue). It is not possible to change or cancel an order for such products. Unilateral cancellation of an order from a trader will not be accepted without ECOHUMAN's consent. If the Customer nevertheless wishes to cancel the order, the cancellation will result in a cancellation fee of at least 10% of the total amount of the order (VAT included).

EXAMPLE

Replacement of the bearing in the engine, shock absorber, tire, inner tube, modification of the goods (including additional elements), etc.

12. WARRANTY COMMITMENTS AND AFTER-SALES SERVICE

1. The scope of the warranty covers 2 years for parts and labor (from the date indicated on the sales document - invoice, receipt, etc.) and 12 months for non-flooded batteries, except for products sold as demo / occasional / used models, which have a 3-month warranty.

This warranty does not cover damage caused by accidents, collisions, misuse or installation, neglect or noticeable alteration of appearance (any product returned with a missing or torn serial number tag may be voided the warranty). Any product that shows signs of impact, flooding or overheating, even slightly, loses all warranty rights. These circumstances are the sole responsibility of the Customer (user) and may pose a risk to the safety of products and people. In the event of a possible shipment to ECOHUMAN and/or the manufacturer for the valuation of the repair of post-warranty or non-warranty equipment, administrative and forwarding costs of returning the equipment may be charged if the requested valuation is rejected.

The warranty does not cover wearing parts such as tires, air chambers, shock absorbers, brake pads, brake shoes, bearings, etc.

The batteries are guaranteed for 6 months for autonomy and 12 months for operation.

In principle, the warranty applies only to electronic and electrical parts.

2. Complaints about products under warranty require sending an e-mail to the following e-mail address: service@ecohuman.pl with the following information:

- Customer information (name, address, telephone number, e-mail address);

- Date of sale with the attachment of the sales document with an indication of how and where the product was purchased;

- Product activation date;

- Current mileage;

- Product serial number;

- Description of the problem with attaching photos/videos.

3. It is the customer's responsibility to retain the packaging and accessories provided with the product, as well as any labels attached to the product or its packaging, which are necessary to take advantage of the warranty offered.

Warranty and no original packaging and/or security label/sticker.

4. After receiving the above-mentioned e-mail, ECOHUMAN checks the data contained in the application and notifies about the need to add additional information or about confirmation/refusal in granting the guarantee. If consent is given, the customer can deliver the warranty product to the service. ECOHUMAN grants one free shipment of the warranty product to/from the service. In this case, after the customer provides the dimensions and weight of the package and agrees on the date of receipt of the package by courier, ECOHUMAN sends the customer a label to print and stick to the package. Products returned by the carrier without physical protection or poorly secured, as well as damaged, worn or soiled products cannot be covered by the warranty. It is the Customer's responsibility to ensure that products returned are protected during shipping.

5. ECOHUMAN immediately, but not later than within fourteen days from the date of delivery of the item, fulfills the warranty obligations - repairs/removes the defect.

6. In the case of returning a product not covered by the guarantee/warranty, a flat rate for assistance and diagnosis of PLN 150 (including VAT) will be charged. The labor of the after-sales service is calculated at the rate of PLN 150 per hour (including VAT). For complex and non-standard works, the hourly price is PLN 175 (including VAT).

The warranty does not exclude, limit or suspend the buyer's rights under the provisions on warranty for defects in the sold item.

13. LEGAL WARRANTY 

1. The provisions of these regulations may not deprive the consumer of the right to submit complaints by the consumer under the warranty. ECOHUMAN must deliver the product in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery.

The consumer has the right to file a complaint under the warranty if the consumer goods are defective. The warranty is available to consumers pursuant to art. 558 § 1 of the Civil Code. The basis for the entrepreneur's liability towards the consumer is a physical or legal defect (Article 556 of the Civil Code)

Article 5561 of the Civil Code

§ 1. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:

1) it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;

2) it does not have the properties that the seller assured the buyer about, including by presenting a sample or pattern;

3) is not suitable for the purpose of which the buyer informed the seller at the conclusion of the contract, and the seller did not raise any objections to such a purpose;

4) was delivered to the buyer incomplete.

LEGAL FAULT

The seller is liable to the buyer if the sold item is owned by a third party or if it is encumbered with the right of a third party, and if the restriction on the use or disposal of the item results from a decision or judgment of a competent authority; if the right is sold, the seller is also responsible for the existence of the right (Article 5563 of the Civil Code).

The seller is released from liability under the warranty if the buyer knew about the defect at the time of concluding the contract (Article 557 §1 of the Civil Code).

2. The customer may request:

exchange of goods for a new one;

repair of goods;

price reduction;

withdrawal from the contract - if the defect is significant.

3. ECOHUMAN responds to the Customer's request within a maximum of 14 days, enabling you to read the content of the response.

4. The customer may appeal ECOHUMAN's decision.

14. SPECIAL INFORMATION

1. ECOHUMAN undertakes to apply the warranty for each reported product as soon as possible. However, when the repair requires returning the product to the manufacturer, or waiting for replacement parts, the company is not responsible for delays on behalf of the manufacturer. In turn, the ECOHUMAN warranty/after-sales service selects the carrier responsible for delivering the products to the customer. After completion of the warranty/returns/claims or after-sales services, the customer will be informed about this by return e-mail and is obliged for a period of 3 months from such notification to:

- collection of the product during normal opening hours or in the case of shipment by ECOHUMAN;

- information about the data for shipping (name, address, telephone number and e-mail address of the recipient).

 After this period, the products are wholly owned by ECOHUMAN. In the case of returning a product not covered by the guarantee/warranty, a flat rate for assistance and diagnosis of PLN 150 (including VAT) will be charged. Therefore, it is worth checking that the problem is not due to incorrect installation or configuration. In the event that additional intervention is necessary (assembly, additional tests, ...) an hourly price of PLN 175 (incl. VAT) is established.

15. DISCLAIMER OF OWNERSHIP AND LIABILITY

ECOHUMAN retains ownership of the products until full payment has been made. The ownership of the products is transferred upon full payment of the price. However, in the period between delivery and transfer of ownership, the risk of loss, theft or destruction is borne by the user. Failure to comply with payment obligations, for any reason, gives ECOHUMAN the right to demand the immediate return of the delivered products at the expense and risk of the Customer. The Customer agrees, in the event of insolvency proceedings affecting his company, to actively participate in the inventory of the products in the Customer's warehouse, the ownership of which is held by ECOHUMAN. Otherwise, ECOHUMAN is entitled to an inventory with the relevant authorities in the customer's account/warehouse.

16. REFUND

The customer can request a refund within 14 days of purchase. A consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving any reason within 14 days.

If 14 days have passed since the purchase, unfortunately we cannot offer a refund or exchange, unless the product has a physical or legal defect, taking into account Art. 557 §1 of the Civil Code.

In addition to keeping the 14-day deadline from the date of purchase, the item must be unused and in the same condition as it was received by the Customer with all its contents, in the original packaging, have all labels (in particular the serial number), instructions. Shipping costs are non-refundable, the original cost of shipping the order to the customer will be deducted from the customer's return. If the customer's order has benefited from our free shipping program, the customer will be informed of the shipping costs as soon as we receive a refund request.

17. RETURNS (if applicable)

After receiving and checking the returned item, ECOHUMAN will send the Customer an e-mail confirming receipt of the returned item. ECOHUMAN will also inform the Customer about the decision to approve or reject the Customer's request for a refund. If the request is approved, the refund will be processed and the money will be transferred using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for him.

18. LATE OR MISSING RETURNS (if applicable)

If you haven't received your refund yet, please re-verify your bank account first. Then contact your payment card issuer as there may be a delay before your refund is officially posted. Then contact your bank. Processing time is often required before a return can be made. If you have not yet received your refund after completing all these steps, please contact us at biuro@ecohuman.pl.