The Emersano Online Store safeguards consumer rights. A consumer cannot waive the rights granted under the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the Act's provisions are invalid, and statutory provisions shall apply instead. Consequently, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under non-waivable legal provisions. In case of any ambiguities, they should be interpreted in favor of the consumer. In the event of inconsistencies between these Terms and Conditions and the applicable laws, the laws will prevail.

1.1. The Emersano Online Store, available at http://emersano.com, is operated by AESTIN Sp. z o.o., headquartered in Warsaw, Poland. The company is registered in the National Court Register under KRS number 0000882550, with VAT identification number NIP 5272949011 and REGON number 388151178. Business address and correspondence address: ul. Konstruktorska 12A, 02-635 Warsaw, Poland. Contact email: emersano@emersano.com; phone: +48 22 379 64 82.

1.2. These Terms and Conditions apply to both consumers and business entities using the Online Store (except for point 9, which applies exclusively to business entities).

1.3. The Seller is the administrator of personal data processed in the Online Store. Personal data is processed in accordance with the purposes, scope, and rules outlined in the privacy policy available on the Online Store's website. The privacy policy includes the rules for processing personal data, including legal grounds, purposes, and scope, as well as the rights of data subjects and the use of cookies and analytical tools. Use of the Online Store, including making purchases, is voluntary. Providing personal data may also be voluntary unless required to conclude a contract or comply with legal obligations.

1.4. Definitions:

2.1. The Online Store offers the following electronic services:

2.2. Technical Requirements:

2.3. User Obligations:

Users must comply with applicable laws, respect intellectual property, provide accurate information, and refrain from unlawful activities.

2.4. Complaint Procedure for Services:

3.1. A Sales Agreement is concluded when a Customer places an order via the Order Form, and the Seller confirms the order via email.

3.2. Product prices, including taxes and any additional costs, are displayed during the ordering process.

3.3. After the order is confirmed, the agreement's terms are recorded and accessible via the Online Store system and email confirmation.

4.1. Payment options:

4.2. Payment timelines:

5.1. Delivery is available within the EU and UK.

5.2. Delivery costs are displayed on the website and during order placement.

5.3. Delivery timelines: Up to 7 business days, unless otherwise specified. Longer timelines apply for mixed-product orders.

5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

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

 5.4.2. Personal collection available at: AESTIN Sp. z o.o., ul. Waryńskiego 36, 86-300 Grudziądz – on Business Days, between 09:00 and 17:00.

5.5. The delivery time of the Product to the Customer is up to 7 Business Days unless a shorter period is specified in the Product description or during the Order placement. For Products with different delivery times, the delivery time is the longest specified, which, however, shall not exceed 14 Business Days. The start of the Product delivery period to the Customer is calculated as follows:

 5.5.1. In the case of payment by bank transfer, electronic payment, or payment card – from the date the Seller’s bank account or settlement account is credited.

 5.5.2. In the case of cash-on-delivery payment – from the date the Sales Agreement is concluded.

5.6. The Product readiness time for collection by the Customer – in the case of personal collection, the Product will be ready for collection by the Customer within up to 7 Business Days unless a shorter period is specified in the Product description or during Order placement. For Products with different readiness times, the readiness time is the longest specified, which, however, shall not exceed 7 Business Days. The Customer will be additionally informed about the readiness of the Product for collection by the Seller via email to the email address provided during Order placement. The start of the Product readiness time for collection by the Customer is calculated as follows:

 5.6.1. In the case of payment by bank transfer, electronic payment, or payment card – from the date the Seller’s bank account or settlement account is credited.

 5.6.2. In the case of cash payment upon personal collection – from the date the Sales Agreement is concluded.

5.7. In the case of ordering a product that is out of stock (e.g., missing size, color, etc.), the Seller will inform the Buyer about the extended delivery period with the option to cancel the Order at the Customer's request.

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by the generally applicable laws, in particular the Civil Code (specifically Articles 556–576 of the Civil Code).

 6.1.1. The Seller provides a 2-year warranty on the Product from the date of sale.

6.2. The Seller is obliged to deliver a Product free from defects to the Customer.

6.3. Complaints may be submitted by the Customer in the following ways:

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

 6.3.2. Electronically via email to: emersano@emersano.com;

 6.3.3. By filling out a complaint form on the "Complaints" webpage.

6.4. It is recommended that the Customer provide the following in the complaint description:

 6.4.1. Information and circumstances concerning the subject of the complaint, particularly the type and date of the defect occurrence;

 6.4.2. The requested method for bringing the Product into compliance with the Sales Agreement, or a statement regarding price reduction or withdrawal from the Sales Agreement;

 6.4.3. Contact details of the complainant – this will facilitate and expedite the Seller's handling of the complaint. The above requirements are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

6.5. The Seller will address the Customer’s complaint promptly, no later than 14 calendar days from its submission. If the Customer, being a consumer, has requested an exchange, defect removal, or submitted a statement of price reduction specifying the amount to be reduced, and the Seller has not responded within 14 calendar days, it is assumed that the request is justified.

6.6. A Customer exercising their warranty rights must deliver the defective Product to: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw. If the Customer is a consumer, the cost of delivering the Product is borne by the Seller; if not, the cost is borne by the Customer. If the nature of the Product or its installation makes it excessively difficult for the Customer to deliver it, the Customer must make the Product available to the Seller at its location.

7.1. Detailed information regarding the possibility for consumers to use out-of-court complaint and claim resolution methods and access to such procedures is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. A contact point operates under the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or by mail: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include assisting consumers in matters related to out-of-court consumer dispute resolution.

7.3. Consumers may utilize the following examples of out-of-court complaint and claim resolution methods:

 7.3.1. Submission of a dispute resolution request to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/);

 7.3.2. Submission of a request for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (more information on the inspector’s website based on the Seller’s business location);

 7.3.3. Assistance from a municipal (or district) consumer ombudsman or a social organization dedicated to consumer protection (e.g., Consumer Federation, Polish Consumer Association). Advice is provided, among other channels, via email at porady@dlakonsumentow.pl or the consumer helpline at 801 440 220 (available on Business Days, 8:00 AM–6:00 PM, call costs as per operator rates).

7.4. An online platform for dispute resolution between consumers and businesses at the EU level is available at: http://ec.europa.eu/consumers/odr. This platform is an interactive, multilingual website that serves as a one-stop-shop for consumers and businesses seeking out-of-court dispute resolution related to contractual obligations from online sales or service agreements.

8.1. A consumer who has entered into a remote agreement may withdraw from it within 14 calendar days without providing a reason and without incurring costs, except for costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a withdrawal statement before its expiration. The withdrawal statement may be submitted, for example:

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

 8.1.2. Electronically via email to: emersano@emersano.com;

 8.1.3. By completing a return form on the "Returns" webpage.

8.2. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available on the Online Store’s website under the "Return or Complaint" section. The consumer may use the form template, but it is not obligatory.

8.3. The commencement of the withdrawal period begins:

8.3.1. For contracts where the Seller delivers the Product while being obligated to transfer ownership (e.g., a Sales Contract):

From the moment the Product is taken into possession by the consumer or a third party indicated by them, other than the carrier. In the case of a contract that:

8.3.1.1. Includes multiple Products delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession.

8.3.1.2. Involves the regular delivery of Products over a set period – from the moment the first Product is taken into possession.

8.3.2. For other contracts – from the day the contract is concluded.

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

8.5. The Seller is obligated to refund all payments made by the consumer, including the delivery costs of the Product (except for additional costs arising from the consumer's choice of a delivery method other than the least expensive standard delivery option offered by the Online Store), immediately and no later than within 14 calendar days from the day the Seller receives the consumer’s declaration of withdrawal. The refund will be processed using the same payment method the consumer used unless the consumer explicitly agrees to another method that does not involve additional costs. If the Seller has not offered to collect the Product from the consumer, the refund may be withheld until the Product is returned or the consumer provides proof of its return, whichever occurs first.

8.6. The consumer must return the Product to the Seller or deliver it to a person authorized by the Seller to receive it immediately and no later than within 14 calendar days from the date of withdrawal unless the Seller offers to collect the Product themselves. The deadline is met if the Product is sent before the 14-day period expires. The consumer can return the Product to the following address:

AESTIN Sp. z o.o., ul. Waryńskiego 36, 86-300 Grudziądz.

8.7. The consumer is responsible for any decrease in the value of the Product caused by using it in a way that exceeds what is necessary to determine its nature, features, and functioning.

8.8. Possible costs related to the consumer's withdrawal from the contract:

8.8.1. If the consumer selected a delivery method other than the least expensive standard delivery option offered by the Online Store, the Seller is not required 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, where the performance began before the withdrawal period expired at the explicit request of the consumer, the consumer is required to pay for the services provided until the withdrawal. The payment amount is calculated proportionally to the extent of services performed, considering the agreed contract price or remuneration. If the price or remuneration is excessive, the basis for calculation is the market value of the provided services.

8.9. The right of withdrawal from a distance contract does not apply to the consumer in the following cases:

8.9.1. For service agreements, where the Seller has fully performed the service with the consumer's explicit consent, who was informed before the performance began that they would lose the right to withdraw once the Seller completed the service.

8.9.2. Where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires.

8.9.3. Where the subject of the contract is a non-prefabricated Product made to the consumer's specifications or clearly personalized.

8.9.4. Where the subject of the contract is a Product that is liable to deteriorate or expire rapidly.

8.9.5. Where the subject of the contract is a Product delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, provided the package was opened after delivery.

8.9.6. Where the subject of the contract is Products that, due to their nature, are inseparably mixed with other items after delivery.

8.9.7. Where the subject of the contract is alcoholic beverages whose price was agreed upon at the time of concluding the Sales Contract, the delivery of which can only occur after 30 days and whose value depends on market fluctuations beyond the Seller’s control.

8.9.8. Where the consumer has explicitly requested the Seller to visit them for urgent repair or maintenance. If the Seller provides additional services beyond those requested by the consumer or delivers Products other than replacement parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products.

8.9.9. Where the subject of the contract is audio or video recordings or computer software delivered in sealed packaging if the package was opened after delivery.

8.9.10. For the supply of newspapers, periodicals, or magazines, except for subscription agreements.

8.9.11. Concluded via public auction;

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

8.9.13. For the delivery of digital content not stored on a tangible medium, if the performance has begun with the consumer's explicit consent before the withdrawal period has ended and after informing them of the loss of the right to withdraw.

9.1. This section of the Terms and Conditions applies only to Customers and Service Users who are not consumers.

9.2. The Seller reserves the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of conclusion. Withdrawal in this case does not require justification and does not grant the non-consumer Customer any claims against the Seller.

9.3. For non-consumer Customers, the Seller reserves the right to limit the available payment methods, including requiring full or partial prepayment regardless of the chosen payment method or the conclusion of the Sales Agreement.

9.4. Upon delivery of the Product to the carrier, all benefits and risks associated with the Product, including the risk of accidental loss or damage, are transferred to the non-consumer Customer. The Seller is not liable for the loss, diminishment, or damage to the Product occurring during transport from the moment it is handed over to the carrier until delivery to the Customer, nor for delays in shipment.

9.5. When the Product is delivered via a carrier, the non-consumer Customer is obliged to inspect the shipment in a manner customary for such shipments. If any loss or damage occurred during transport, the Customer must undertake all necessary actions to establish the carrier's liability.

9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product is excluded for Customers who are not consumers.

9.7. For non-consumer Service Users, the Service Provider may terminate the electronic service agreement with immediate effect and without providing reasons by sending a relevant declaration to the Service User.

9.8. The Service Provider's/Seller's liability towards non-consumer Service Users/Customers, regardless of its legal basis, is limited to the amount of the price paid and delivery costs under the Sales Agreement, but no more than PLN 1,000. The Service Provider/Seller is liable only for typical, foreseeable damages at the time of the contract's conclusion and is not liable for lost profits.

9.9. All disputes arising between the Seller/Service Provider and non-consumer Customers/Service Users shall be subject to the jurisdiction of the court competent for the Seller's/Service Provider's registered office.

10.1. Contracts concluded via the Online Store are in the Polish language.

10.2. Amendments to the Terms and Conditions:

10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for significant reasons, such as changes in the law or changes to payment and delivery methods, provided these affect the implementation of these Terms and Conditions.

10.2.2. For continuous agreements (e.g., Electronic Service – Account), amendments to the Terms and Conditions are binding on the Service User if the requirements of Article 384 and 384[1] of the Civil Code are met. This means the Service User is properly notified of the changes and does not terminate the agreement within 14 calendar days from notification. If an amendment introduces new fees or increases current fees, a consumer Service User has the right to withdraw from the agreement.

10.2.3. For non-continuous agreements (e.g., Sales Agreements), amendments to the Terms and Conditions do not affect the rights acquired by consumer Service Users/Customers before the amendments take effect. Specifically, such amendments will not apply to previously placed orders, ongoing or fulfilled Sales Agreements.

10.3. Matters not regulated in these Terms and Conditions are subject to generally applicable Polish law, particularly the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014, with consumers – the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other applicable provisions of generally applicable law.