Terms and Conditions

TERMS AND CONDITIONS OF THE EXCELLENT SA ONLINE STORE

Setting out the rules for the provision of sales services via the website of the online store operating under the domain: excellent.com.pl.

The owner and administrator of the store is the company:

EXCELLENT S.A. with its registered office in Podłęże (32 – 003 Podłęże 662), registered in the Register of Entrepreneurs of the National Court Register (KRS) under number: 169449 (register files held at: the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register), NIP (Tax ID): 676-10-26-714, share capital: PLN 3,259,200 (paid up in full), hereinafter referred to as Excellent or the Seller.

I. Definitions

Online Store – means the website operated by the Seller under the domain: excellent.com.pl, through which the Customer may conclude a contract or use other services offered via the online store's website.

Customer – a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality to which the law grants legal capacity, making purchases in the Online Store.

User – a person visiting the excellent.com.pl website, as well as a person using the services available on the website, e.g. subscribing to the newsletter.

Product – a product offered by Excellent in the Online Store.

E-Invoice — an invoice, correcting invoice, duplicate invoice and duplicate correcting invoice in PDF format, issued in accordance with the law and made available to the customer by Excellent pursuant to the provisions of the Act of 11 March 2004 on Tax on Goods and Services,

Price – the gross value of the Product, stated in PLN, which the Customer is obliged to pay to Excellent.

Consumer – a natural person purchasing a Product from Excellent in connection with activities not directly related to their business or professional activity,

Entrepreneur - a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name and using Excellent's services in direct connection with that business or professional activity.

Account – a virtual set of resources and rights assigned to a specific Customer who has completed full Registration, used to place Orders after logging into the Account, containing the order history and the Customer's preferences regarding selected products available in the Online Store.

Order - a declaration of intent by the Customer expressing a direct will to conclude a distance Sales Agreement, made using means of distance communication, specifying the Product in respect of which the Customer submits an offer to conclude a Sales Agreement and the Customer's personal data necessary for the possible conclusion and performance of the Sales Agreement. Orders are fulfilled within the territory of the Republic of Poland.

Terms and Conditions – this set of provisions and rules governing online sales in the Online Store.

Seller – EXCELLENT SA with its registered office in Podłęże (32 – 003 Podłęże 662), registered in the Register of Entrepreneurs of the National Court Register (KRS) under number: 169449.

Phone contact: 503 11 55 44
e-mail: [email protected]
returns: https://excellent.com.pl/zwrot-towaru.html
complaints: https://excellent.com.pl/skladanie-reklamacji.html

Sales Agreement – a sales agreement within the meaning of the provisions of the Polish Civil Code, concerning the sale by the Seller to the Customer of a Product for payment of the Price plus any additional charges, in particular shipping costs.

II. Rules for Order Fulfilment

1. The presentation of a Product together with its Price in the Online Store does not constitute an offer to sell it within the meaning of the Polish Civil Code, but merely an invitation to conclude a Sales Agreement, following acceptance by the Seller of the Order placed by the Customer. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order on the terms indicated below:

1. 1. The Customer adds the selected Product to the Cart and then proceeds to the Order form,

   2. A Customer with an Account confirms in the Order form that the data necessary to conclude and perform the Sales Agreement are up to date. A Customer who does not have an Account must independently complete the Order form with the data necessary to conclude and perform the Sales Agreement. In the Order form, the Customer provides the following data: first and last name, address (street, house/flat number, postcode, city, country), e-mail address, contact telephone number, and data relating to the Sales Agreement; the Product and its quantity, the place and method of delivery of the Product, and the method of payment. In the case of Customers who are Entrepreneurs or Consumers conducting business activity, it is also necessary to provide the company name and address, and, if they have requested a VAT invoice in the form, also the NIP (Tax ID) number.

   3. The Customer selects one of the Product delivery methods made available by Excellent,

   4. The Customer selects the method of payment of the Price and any other costs of performing the Sales Agreement indicated in the order form,

   5. The Customer sends the Order to the Seller (submits an offer) using the functionality made available for this purpose in the Online Store (the "Order and pay" button). Acceptance of the Terms and Conditions is required at this stage.

2. After placing the Order, the Customer receives an e-mail informing them that the Order has reached the Online Store, which is equivalent to acceptance of the Order and its further processing.

3. The Sales Agreement is concluded at the moment the Customer receives from Excellent an e-mail with the subject "Notification of electronic invoice", sent to the e-mail address indicated in the Order, confirming the Sales Agreement concluded between the parties, including the Product purchased by the Customer, its price and any transport costs, as well as other material terms of the concluded Sales Agreement.

4. If the Seller is unable to conclude the Sales Agreement in whole or in part because the Product is unavailable, or because, due to unforeseen circumstances, it was not delivered to the Seller or was damaged or lost, the Seller will promptly notify the Customer by sending appropriate information to the e-mail address indicated in the Order and will refund the price received no later than 7 days from the date on which the information about the impossibility of concluding the Sales Agreement was provided.

5. For each Sales Agreement concluded, a VAT invoice or receipt is issued, which documents are sent to the Customer by e-mail to the e-mail address indicated when placing the Order, to which the Customer consents.

6. Excellent reserves that it is not possible to modify an Order.

7. The expected time for handing over the order to the courier is 24 hours on all working days. The expected delivery time for the goods is 2 to 7 days from the day following dispatch of the parcel, depending on the delivery method selected. The total maximum delivery time for goods should not exceed 7 days.

III. Rules for Account Registration

1. The Account enables a Registered Customer to place Orders.

2. The Seller enables a Registered Customer to use additional tools and services within the Account:

1. 1. access to order history,
   2. submitting a return or complaint,
   3. information about sales and promotions,
   4. invitations to events,
   5. use of promotions available only to registered Customers

1. The Seller may enable a Registered Customer to use other functionalities.

2. An Account may only be created via the Online Store's website at the Customer's request.

3. Creating an Account requires the Customer to provide the following data:

1. 1. e-mail address
   2. first and last name
   3. address

1. Creating an Account requires providing and confirming a password with which the Customer will log in to the Account. The password should be at least 8 characters long and contain at least one uppercase letter, one lowercase letter, one digit and one symbol

2. The Customer may provide additional data which will be used as default data when placing Orders:

1. 1. delivery address
   2. telephone number
   3. payment method

1. Delivery is made to the Customer's address provided during Account registration, unless the Customer has indicated a different delivery address. The Customer may register more than one delivery address on the Account and may also change the delivery address when placing an Order.

2. When creating an Account, the Customer is informed that the Seller processes the Customer's personal data for the purposes of enabling purchases in the Online Store, maintaining the Account and fulfilling Orders. The Customer may give voluntary consent to the processing of personal data for the Seller's marketing purposes.

3. Creating an Account requires a statement by the Customer that they have received the Terms and Conditions by e-mail, have read the Terms and Conditions and agree to the Terms and Conditions. Failure to provide the data referred to above makes it impossible to create an Account. The same effect applies to the absence of statements regarding the Terms and Conditions.

IV. Prices

1. All prices shown on the Online Store's website are given in Polish zloty and include VAT.

2. Prices do not include the cost of delivering the Product. Current information on delivery costs is available on the Online Store's website https://excellent.com.pl/metody-dostawy.html and on the page of the ordered product.

3. The price given for each Product is binding at the moment the Customer places the Order.

4. The Online Store reserves the right to change the price of a Product offered in the Online Store, and to carry out, cancel or amend promotional campaigns. The above right does not affect the price of a Product in Orders placed before the date on which the price change, or the terms of a promotional campaign or sale, take effect.

V. Payment

1. The payment methods are the forms of payment processed by the payment intermediary:

PayU:

1. 1. PayU fast transfer,
   2. traditional bank transfer,
   3. payment by VISA, Master Card, VISA Elektron & Maestro card,
   4. Blik,
   5. Google Pay, Apple Pay,

1. If the Seller does not receive the Customer's payment, the Seller may contact the Customer to remind them of the payment, including by sending an e-mail to the address provided when placing the Order. Failure to make the payment within 24 hours of placing the Order will result in the offer submitted by the Customer as part of the Order not being accepted.

2. The Customer may use a discount code received electronically. Discount codes are time-limited, and once the validity date has passed the Customer is no longer able to use the discount.

VI. Delivery Methods and Times

1. The Seller informs the Customer about the possible delivery times, methods and costs on the product page, as well as on a dedicated page Delivery methods

2. The Customer should check the condition of the Product or, if this is difficult, the condition of the parcel (packaging) immediately after the parcel is delivered. If any visible damage to or shortages in the parcel are found, the Customer should draw up an appropriate damage report in the presence of the carrier and promptly notify Excellent of this fact by e-mail at [email protected] or by telephone at 503 11 55 44, during the Excellent team's stated working hours

3. Upon Excellent's handover of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of its accidental loss or damage, pass to the Customer who is an Entrepreneur. In such a case, Excellent shall not be liable for any loss, shortage or damage to the Product occurring from the moment it is accepted for carriage until it is delivered to that Entrepreneur Customer, or for any delay in the carriage of the parcel.

4. Excellent shall not be liable for failure to deliver the Product or for a delay in its delivery for reasons attributable to the Customer, in particular if these are caused by the Customer providing an incorrect or improper delivery address. In such a situation, the Seller will notify the Customer of the unsuccessful attempt to deliver the Product.

5. In order to speed up the fulfilment of the Order, the Product may be sent in several parcels; this does not involve any additional charges for the Customer.

VII. Complaint Procedure

1. The Customer has the right to file a complaint with the Online Store in connection with defects in the Product. The complaint will be considered within 14 days of the date of its receipt.

2. A complaint may be filed by the Customer:

1. 1. via the complaint submission platform available at https://excellent.com.pl/skladanie-reklamacji.html

   2. in writing to the address: Excellent, ul. Marcika 14c, 30-443 Kraków.

   3. details on filing complaints can be found in the Returns and complaints tab

1. When filing a complaint, the Customer is obliged to deliver the defective Product at their own cost together with the complaint form, available on the Online Store's website at: excellent.com.pl/formularz-reklamacyjny

2. The complaint should include: first and last name, the e-mail address given in the Order, the date of purchase, the transaction number, a description of the situation to which the complaint relates or other circumstances justifying the complaint and the date the defect occurred, as well as the Customer's demand relating to the complaint filed.

Provisions applicable to a Customer who is a Consumer

1. Excellent is liable to the Consumer for any lack of conformity of the Product with the sales agreement. The Customer is then entitled to rights under the applicable provisions, including the Polish Civil Code and the Consumer Rights Act; in particular, the Customer may be entitled to withdraw from the sales agreement.

2. The Seller shall not be liable for a lack of conformity of the Product with the agreement if the Consumer, at the latest at the time of concluding the sales agreement, was clearly informed that a specific characteristic of the Product deviates from the requirements of conformity with the agreement, and expressly and separately accepted the absence of that specific characteristic of the Product.

3. The Seller shall be liable for a lack of conformity of the Product with the agreement resulting from improper installation of the Product if:

1. 1. it was carried out by the Seller or under the Seller's responsibility;

   2. the improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or by a third party referred to in Article 6(2) of the Consumer Rights Act.

Provisions applicable to a Customer who is an Entrepreneur:

1. A Customer who is an Entrepreneur has the right to file a complaint in accordance with the applicable provisions of law, provided that the Seller's liability under warranty for physical defects of the Product is limited to the amount which the Entrepreneur Customer paid to the Seller for the acquisition of the given Product, subject to the following sentence. An Entrepreneur Customer loses their rights under warranty if they did not examine the Product within the time and in the manner customary for items of that kind and did not promptly notify the Seller of the defect, or, where the defect only came to light later, if they did not notify the Seller promptly after discovering it.

2. If the purchased Product is defective, the Entrepreneur Customer may:

1. 1. demand that it be brought into conformity with the agreement through a free repair, unless the repair is impossible for the Seller to carry out or requires excessive costs,

   2. demand that the Product be replaced with a new one, unless the replacement is impossible for the Seller to carry out,

   3. demand an appropriate reduction in the price of the Product,

   4. withdraw from the Sales Agreement, provided that the defects are not insignificant.

11. When assessing whether costs are excessive, account is taken of the value of the Product free of defects, the cost of repair or replacement, and the type and degree of the defect found, as well as the inconvenience to which the Entrepreneur Customer would be exposed by another means of satisfaction.

12. The refund will be made using a method analogous to the payment method for the Product chosen by the Entrepreneur Customer, unless they expressly indicate a different one.

13. The Seller is liable to the Entrepreneur Customer for defects in the Product only if they are reported to the Seller within 2 years of the conclusion of the sales agreement for the Product between the parties.

VIII. Withdrawal from the Sales Agreement

1. A Customer who is a Consumer may withdraw from the Sales Agreement without giving any reason by submitting an appropriate statement in writing within 14 (fourteen) days of the date of Delivery. To meet this deadline, it is sufficient to send the statement before it expires. A template statement of withdrawal from the Sales Agreement is provided by the Seller on the Store's Website. In the event of effective withdrawal from the Sales Agreement, the agreement shall be deemed not to have been concluded.

2. The Store guarantees a refund of an amount equal to the price of the product and the delivery costs. The money will be refunded no later than within 14 days by bank transfer to the account number indicated by the Customer, or by another form of payment chosen by the Customer when placing the order. The Store reserves the right to withhold the refund until it receives the returned item or "proof of its return". The Store does not cover the cost of returning the product incurred by the Customer.

3. The Customer is obliged to return the purchased Product promptly, no later than within 14 (fourteen) days. The Product should be returned unchanged, unless the change was necessary within the limits of ordinary management.

4. To return the product, you must:

1. 1. print, complete and sign the return form or draw up your own statement of withdrawal from the agreement, and then send a scan of the document by e-mail to: [email protected] or by post to ul. Marcika 14c, 30-443 Kraków,

   2. put together the product being returned and pack it securely,

   3. deliver the returned product, together with the completed statement, at your own cost to: Centrum Logistyczne 7R Logistic, 32-002 Kokotów 812e.

IX. Out-of-court methods for handling complaints and pursuing claims, and the rules of access to these procedures

1. Detailed information on the possibility for a User who is a Consumer to use out-of-court methods for handling complaints and pursuing claims, and the rules of access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates and the Office of Competition and Consumer Protection.

2. If you wish to use out-of-court methods for handling complaints and pursuing claims, you may contact institutions dealing with the protection of consumer rights and interests, in particular:

1. 1. the district (municipal) consumer ombudsman,

   2. the Provincial Trade Inspectorates (WIIH) and their local branches conducting mediation. Mediation is conducted at the request of the Consumer or ex officio after the complaint procedure has been exhausted. The mediator is a WIIH employee. Mediation is voluntary, which means that both parties to the agreement must consent to this method of resolving the dispute,

   3. arbitration courts, in particular permanent consumer arbitration courts operating at the WIIH (both in provincial capitals and in local branches). These courts handle disputes over property rights arising from agreements for the sale of products and the provision of services. Their basic feature is their voluntary nature. This means that a case can only be heard by an arbitration court if both parties consent to it and submit to its jurisdiction, i.e. enter into a so-called arbitration agreement. Proceedings may be initiated by either the Consumer or the entrepreneur.

   4. the procedures described above are free of charge; the only costs may relate to the need to pay for expert opinions commissioned in the case from independent experts.

X. Rules for sending e-Invoices by e-mail

1. An e-Invoice is understood to mean an invoice issued in electronic form in any electronic format, sent in accordance with the Act of 11 March 2004 on Tax on Goods and Services.

2. Excellent enables Customers to receive e-Invoices, which consists of sending invoices issued for the Customer by the Seller for the sale of goods and services, in PDF format, by e-mail to the e-mail address indicated by the Customer.

3. Sending VAT invoices to the Customer by e-mail replaces sending invoices in paper form.

4. Sending VAT e-Invoices does not involve any additional charges for the Customer.

5. The condition for the Customer to use the e-Invoice Service is that the Customer consents to receiving VAT invoices by e-mail and indicates their e-mail address.

6. The consent referred to in point 5 may be given in any form, in particular in written or electronic form, as well as implicitly, e.g. by paying the first e-Invoice received from Excellent.

7. A correcting e-invoice is deemed delivered at the moment the message containing the e-Invoice has been delivered to the Customer at the e-mail address provided by the Customer.

8. In the case of correcting invoices, duplicate invoices and certain settlement invoices, the Seller reserves the right to send the above-mentioned documents in paper form, in particular where formal or technical obstacles prevent the e-Invoice from being sent. In such cases, the invoice will be issued in paper form and delivered by post, courier or parcel locker together with the Product.

9. The Customer undertakes that, for as long as they have agreed to use e-Invoices, they will maintain an active e-mail address which they have provided to Excellent. The e-mail address may be updated by the Customer through any customer service channel (telephone, in writing, electronically). If the Customer no longer wishes to receive e-Invoices, they are obliged to inform Excellent of this promptly (by telephone, in writing, electronically).

10. The Customer's consent to receiving invoices by e-mail means giving up the right to receive invoices in paper form.

11. The Customer may withdraw from receiving VAT invoices by e-mail. If such withdrawal is submitted, the Customer will receive invoices in paper form starting from the next order following the date the statement was submitted. The statement may be submitted by the Customer through any customer service channel (telephone, in writing, electronically).

12. Complaints regarding the e-Invoice service may be filed through any customer service channel (telephone, in writing, electronically). Complaints relating to the provision of the Service will be resolved electronically, in writing or by telephone within 14 days of the date the complaint is accepted.

13. In matters not covered by this chapter of the Terms and Conditions regarding the sending of VAT e-invoices, the provisions of the Act of 11 March 2004 on Tax on Goods and Services (Journal of Laws of 2004, No. 54, item 535, as amended) and other applicable generally binding provisions of law shall apply.

XI. Final Provisions

1. The Seller reserves the right to amend the Terms and Conditions for a valid reason, which is:

1. 1. a change to existing, or the introduction of new, generally applicable laws that have a direct impact on the content of the Terms and Conditions;

   2. the issuance of an administrative decision or a court judgment giving rise to an obligation to amend the Terms and Conditions;

   3. the need to adapt technical and IT solutions in the organisation of the Store to market conditions related to technical and IT progress;

   4. an organisational or legal change affecting the Seller;

   5. changes to the Seller's business model necessitating changes to the Terms and Conditions.

1. In the event of changes being made to the Terms and Conditions, the Seller will make the consolidated text of the Terms and Conditions available by publishing it in the Online Store. An amendment to the Terms and Conditions comes into force within 14 days of the date on which the new Terms and Conditions are published on the Online Store's website.

2. Customers who purchased a given Product before the amendments to the Terms and Conditions came into force are bound by the version of the Terms and Conditions in force on the date the Order was placed.

3. Customers are prohibited from using graphic elements (including the Online Store's logo), the layout and composition of the Online Store's websites, and other intellectual and industrial property rights, in particular copying, reproducing and using photographs belonging to Excellent, without obtaining Excellent's prior written consent, unless the possibility of using the above-mentioned graphic elements results directly from applicable provisions of law, in particular the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2019.1231, consolidated text of 3 July 2019). The names of Products and manufacturers are used solely for commercial purposes and are registered trademarks of their manufacturers.

4. In the event of a breach of the Terms and Conditions by the Customer, Excellent may terminate the Sales Agreement with the Customer and pursue appropriate claims, as well as temporarily block access to the service.

5. Any disputes that may arise in connection with a Sales Agreement concluded between a Customer who is a Consumer and Excellent on the terms set out in the Terms and Conditions will be settled by the competent common court. Any disputes arising between Excellent and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over Excellent's registered office.

6. In matters not regulated by the Terms and Conditions, the provisions of Polish law shall apply, in particular the Polish Civil Code, the provisions of the Consumer Rights Act of 30 May 2014, the provisions of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2017, item 1219), the provisions of the Act of 10 May 2018 on the Protection of Personal Data, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of 18 July 2002 on the Provision of Electronic Services, and other relevant generally applicable provisions of law. The choice of Polish law under these Terms and Conditions does not deprive a person who is a Consumer of the protection afforded to them under provisions that cannot be excluded by agreement, which, in accordance with the relevant regulations, would be applied in the absence of the choice-of-Polish-law clause.

7. The Seller, as a manufacturer within the meaning of Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety, amending Regulation (EU) 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Directive 87/357/EEC, declares that it meets the product safety requirements set out in that Regulation. If a risk is identified that a product could be considered dangerous after it has already been placed on the market, the Seller will take appropriate steps to recover the product and take other necessary action in this regard. If a Consumer suspects that a product purchased from the Seller is dangerous or, for other reasons, in their opinion does not meet the requirements imposed by Regulation 2023/988 on general product safety, they are requested to contact the Seller at: [email protected] in order to initiate the relevant safety procedures.

   The Seller, as a Distributor within the meaning of Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety, amending Regulation (EU) 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Directive 87/357/EEC, verifies the manufacturers or importers of Products offered in the Store for compliance with the requirements of the above-mentioned Regulation, by possibly refusing to make available on the market products which, in its opinion, do not meet these requirements. If a Consumer suspects that a product purchased from the Seller is dangerous or, for other reasons, in their opinion does not meet the requirements imposed by Regulation 2023/988 on general product safety, they are requested to contact the manufacturer or importer of the product at the address details given in the product listing or on the packaging. In other matters related to the GPSR, you may contact the Seller at: [email protected]

8. The Terms and Conditions come into force on 4 June 2024.