The Emersano online store cares about consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1.1. The Emersano online store, available at the internet address http:/emersano.com, is operated by AESTIN Sp. z o.o. with its registered office in Warsaw – entered in the National Court Register under the number 0000882550, assigned the NIP number 5272949011 and the REGON number 388151178. The address of the place of business and the address for delivery: 12 A Konstruktorska Street, 02-635 Warsaw. E-mail address: emersano@emersano.com, telephone number: 22 379 64 82.

1.2 These Regulations are addressed to both consumers and businesses using the Online Store (with the exception of section 9 of the Regulations, which is addressed exclusively to entrepreneurs).

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, within the scope, and based on the grounds and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily includes the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing, as well as the rights of individuals whose data is processed. It also contains information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer using the Online Store is voluntary, except for cases indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. Business Day – one day from Monday to Friday, excluding public holidays.

1.4.2. Registration Form – a form available in the Online Store that allows for creating an Account.

1.4.3. Order Form – an Electronic Service, an interactive form available in the Online Store that enables placing an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. Customer – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).

1.4.6. Account – an Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, where the data provided by the Service User and information about their Orders placed in the Online Store are collected.

1.4.7. Product – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

1.4.8. Terms and Conditions – these terms and conditions of the Online Store.

1.4.9. Online Store – the Service Provider’s online store available at the internet address: http:/emersano.com.

1.4.10. Seller / Service Provider – the Emersano online store, available at the internet address http:/emersano.com, operated by AESTIN Sp. z o.o. based in Warsaw, registered in the National Court Register under number 0000882550, NIP 5272949011, and REGON 388151178. Business address and address for correspondence: ul. Konstruktorska 12A, 02-673 Warsaw.

1.4.11. Sales Agreement – a sales agreement for the Product concluded or entered into between the Customer and the Seller via the Online Store.

1.4.12. Electronic Service – a service provided electronically by the Service Provider to the Service User via the Online Store.

1.4.13. Service User – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.

1.4.14. Consumer Rights Act / Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.15. Order – a declaration of intent by the Customer submitted via the Order Form and directly aimed at concluding a Sales Agreement for the Product with the Seller.

2.1. The following Electronic Services are available in the Online Store: Account, Order Form.

 2.1.1. Account – using the Account is possible after the Service User completes three consecutive steps – filling out the Registration Form, clicking the "Create account" button, and confirming the desire to create the Account by clicking the confirmation link sent automatically to the provided email address. The Registration Form requires the Service User to provide the following data: first name and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. For Service Users who are not consumers, it is also necessary to provide the company name and VAT number (NIP).

 2.1.2. The Electronic Service Account is provided free of charge for an indefinite period. The Service User can delete the Account (resign from the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, especially via email to emersano@emersano.com or in writing to the address: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw.

 2.1.3. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps – filling out the Order Form and clicking the "ORDER AND PAY" button on the Online Store’s website.

 2.1.4. The Electronic Service Order Form is provided free of charge, is a one-time service, and ends when the Order is placed through it or when the Service User stops placing an Order through it earlier.

2.2. Technical Requirements Necessary to Cooperate with the ICT System Used by the Service Provider:

– A computer, laptop, or other multimedia device with Internet access;

– Access to email;

– An internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher;

– The recommended minimum screen resolution: 1024×768;

– Enabling the possibility of saving Cookies and JavaScript support in the web browser.

2.3. The Service User is obliged to use the Online Store in accordance with the law and good customs, respecting the personal rights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to provide data consistent with the actual state. The Service User is prohibited from providing unlawful content.

2.4. Complaint Procedure:

 2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in sections 6 and 7 of the Terms and Conditions) may be submitted by the Service User, for example:

  2.4.1.1. In writing to the address: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw.

  2.4.1.2. In electronic form via email to: emersano@emersano.com

 2.4.2. It is recommended that the Service User provides in the complaint description:

  2.4.2.1. Information and circumstances regarding the subject of the complaint, in particular, the type and date of the irregularity;

  2.4.2.2. The Service User’s request;

  2.4.2.3. Contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

 2.4.3. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store, in accordance with section 2.1.3 of the Terms and Conditions.

3.2. The Product price displayed on the Online Store’s website is given in Polish zlotys and includes taxes. The Customer is informed about the total price, including taxes of the Product subject to the Order, as well as delivery costs (including transportation, delivery, and postal service fees) and other costs, and if these fees cannot be determined – the obligation to pay them, on the Online Store’s pages during the Order placement process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

3.3. Procedure for Concluding a Sales Agreement in the Online Store using the Order Form:

 3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store, in accordance with section 2.1.3 of the Terms and Conditions.

 3.3.2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is made by the Seller sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller’s statements on the receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement occur through making these Terms and Conditions available on the Online Store’s website and sending the Customer the email referred to in section 3.3.2 of the Terms and Conditions.

3.5. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4.1. The Seller offers the following payment methods for the Sales Agreement:

4.1.1. Cash on delivery: Payment made when the shipment is received.

4.1.2. Cash payment upon personal collection: Payment made when the Customer collects the product in person.

4.1.3. Bank transfer: Payment made via bank transfer to the Seller’s bank account.

4.1.4. Electronic payments: Payments made through the PayU.com service. Available payment methods are listed on the PayU website, with terms and conditions outlined by the payment operator.

4.2. Payment deadlines:

4.2.1. If paying via cash on delivery, bank transfer, electronic payments, or credit card, payment must be made within 7 calendar days from the date the Sales Agreement is concluded.

4.2.2. For cash on delivery, payment is due upon receipt of the shipment.

5.1. Delivery is available within the EU and the UK.

5.2. Delivery is generally chargeable, unless the Sales Agreement specifies otherwise. Delivery costs are displayed during the Order placement process and in the "Delivery Information" section of the Online Store.

5.3. Personal collection is free of charge.

5.4. Delivery methods include:

Courier shipment, cash on delivery courier shipment, postal shipment, and collection at a designated point (parcel lockers).

Personal collection at the following address:

AESTIN Sp. z o.o., ul. Waryńskiego 36, 86-300 Grudziądz – available on Business Days from 09:00 to 17:00.

5.5. Delivery time is up to 7 Business Days, unless otherwise specified for a specific product. The longest specified time for delivery cannot exceed 14 Business Days. Delivery time starts as follows:

5.6. Readiness period for product collection is up to 7 Business Days, unless a shorter period is specified for the product. The Customer will be notified via email when the product is ready for collection. The period starts as follows:

5.7. If a product is out of stock, the Seller will inform the Customer about the extended delivery period. The Customer will have the option to cancel the order.

6.1. The Seller provides a 2-year warranty from the date of sale in accordance with the Civil Code (Articles 556-576).

6.2. The Seller must deliver the product free from defects.

6.3. Complaint submission methods:

6.3.1. In writing to: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw.

6.3.2. By email: emersano@emersano.com.

6.3.3. Via the complaint form on the Online Store’s website.

6.4. It is recommended (but not mandatory) to include the following details in the complaint:

6.5. The Seller will respond to the complaint within 14 calendar days. If the Seller does not respond within this time, the Customer’s request is deemed justified.

6.6. Product return: If the product is defective, the Customer must return it to: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw. For consumers, the return shipping cost is borne by the Seller; for non-consumers, the Customer bears the cost.

7.1. Information about out-of-court dispute resolution for consumers is available on the Office of Competition and Consumer Protection website: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. Contact point for assistance:

Phone: 22 55 60 333

Email: kontakt.adr@uokik.gov.pl

Address: Pl. Powstańców Warszawy 1, Warsaw.

7.3. Examples of out-of-court dispute resolution:

7.3.1. Request for resolution to a permanent consumer arbitration court (spsk.wiih.org.pl).

7.3.2. Request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection.

7.3.3. Assistance from a district consumer ombudsman or a consumer protection organization (e.g., Consumer Federation, Polish Consumers Association).

7.4. The EU ODR platform is available for resolving disputes online: ec.europa.eu/consumers/odr.

8.1. A consumer may withdraw from a distance contract within 14 calendar days without providing a reason, and without incurring any costs, except for those specified in section 8.8. To meet the deadline, a statement must be sent before the deadline expires. Withdrawal can be submitted:

8.1.1. In writing to: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw.

8.1.2. By email: emersano@emersano.com.

8.1.3. Via the return form on the Returns page.

8.2. A sample withdrawal form is available on the Online Store’s website or in Annex 2 to the Consumer Rights Act. Use of the sample form is optional.

8.3. The withdrawal period begins:

8.3.1. For products: from the day the consumer or a third party (other than the carrier) takes possession of the product.

8.3.1.1. If the order includes multiple products, from the receipt of the last product.

8.3.1.2. For regular deliveries, from the receipt of the first product.

8.3.2. For other contracts – from the date of the contract.

8.4. In the event of withdrawal from a distance contract, the contract is considered void.

8.5. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, refund all payments made by the consumer, including the cost of delivering the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store). The Seller will refund the payment using the same payment method that the consumer used unless the consumer has explicitly agreed to a different method of return that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or the consumer provides proof of its return, depending on which event occurs first.

8.6. The consumer is obliged to promptly, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The consumer can return the Product to the address: AESTIN Sp. z o.o., ul. Waryńskiego 36, 86-300 Grudziądz.

8.7. The consumer is responsible for the reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.8.2. The consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product that is a service, the performance of which – at the explicit request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed up to the point of withdrawal. The payment amount is calculated proportionally to the extent of the service performed, considering the agreed contract price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.

8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

8.9.1. For the provision of services, if the Seller has fully performed the service with the explicit consent of the consumer, who was informed before the commencement of the service that after the service is provided by the Seller, they will lose the right to withdraw from the contract;

8.9.2. In which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and which may occur before the expiry of the withdrawal period;

8.9.3. In which the subject of the service is a non-prefabricated Product made according to the consumer’s specifications or serving to satisfy their individualized needs;

8.9.4. In which the subject of the service is a Product that deteriorates quickly or has a short shelf life;

8.9.5. In which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

8.9.6. In which the subject of the service are Products which, after delivery, are inseparably combined with other items due to their nature;

8.9.7. In which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;

8.9.8. In which the consumer explicitly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or supplies Products other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products;

8.9.9. In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;

8.9.10. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;

8.9.11. Concluded at a public auction;

8.9.12. For the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure activities, entertainment, sports, or cultural events, if the contract specifies a day or period for the provision of the service;

8.9.13. For the delivery of digital content that is not stored on a tangible medium, if the performance of the service began with the explicit consent of the consumer before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the contract.

9.1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Users who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller from the Customer who is not a consumer.

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. Upon the Seller handing over the Product to the carrier, all benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer. In such cases, the Seller is not liable for the loss, shortage, or damage to the Product occurring from its acceptance for transport until its delivery to the Customer, nor for delays in the transport of the shipment.

9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this kind. If they find that there has been a loss or damage to the Product during transport, they are obliged to take all necessary steps to determine the carrier’s liability.

9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer is excluded.

9.7. In the case of Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service User an appropriate statement.

9.8. The liability of the Service Provider/Seller towards the Service User/Customer who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable towards the Service User/Customer who is not a consumer only for typical damages foreseeable at the time of the contract’s conclusion and is not liable for lost profits in relation to the Service User/Customer who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be submitted to the court competent for the Seller’s/Service Provider’s registered office.

10.1. Agreements concluded through the Online Store are made in Polish.

10.2. Amendment of the Terms and Conditions:

10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, such as changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2. In the case of agreements of a continuous nature (e.g., provision of the Electronic Service – Account) concluded based on these Terms and Conditions, the amended terms and conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the agreement.

10.2.3. In the case of agreements concluded based on these Terms and Conditions of a nature other than continuous agreements (e.g., Sales Agreement), changes to the Terms and Conditions will not in any way infringe the rights acquired by Service Users/Customers who are consumers before the effective date of the changes, in particular, changes to the Terms and Conditions