ONLINE STORE TERMS AND CONDITIONS
Before purchasing, please read the conditions below. The Owner, Seller, and Administrator of the Store is the company Venarte Sp. z o.o. operating at the address: ul. Słomiana 24/100, 30-316 Kraków, Poland. NIP (Tax ID): PL 6762706397, REGON: 543192134, entered into the National Court Register (KRS) under number 0001204278.
The Client has the right to negotiate the terms of the agreement with the Seller before placing an order. In the event that the Client resigns from the possibility of concluding the agreement through negotiations, these Terms and Conditions and the generally applicable provisions of law shall apply.
I GENERAL PROVISIONS
The online store available at the address: eskatepoint.com is run by the company Venarte Sp. z o.o. – detailed information regarding the conducted business activity can be found above. The Terms and Conditions constitute a model contract, which is a distance contract within the meaning of the general provisions of Polish law. In order to conclude an Agreement with the Seller, the Buyer may use the option of negotiating the terms of the Agreement or conclude an Agreement with the Seller on the basis of these Terms and Conditions. The content of the Terms and Conditions, in the event of a separate decision by the Buyer, constitutes the content of the Agreement concluded between the Parties. The content of the Agreement will be recorded and made available to the Buyer on a durable medium in accordance with applicable regulations in order for the Buyer to potentially invoke the Agreement. Sales are conducted within the territory of Poland and other countries of the European Union. The Client may consult the Code of Good Commercial Practices. The Code of Good Practices is defined by the Act on Counteracting Unfair Market Practices of August 23, 2007. The current wording of the act is available at http://isap.sejm.gov.pl/. All items offered in the eskatepoint.com Store are brand new, free from physical and legal defects, and have been legally introduced to the market. This information is equivalent to the Buyer’s obligation to deliver shipments to the Client without defects. Prices given on the eskatepoint.com Store website are expressed in various currencies and include tax. The Buyer may place orders in the Store 24 hours a day, 7 days a week via the eskatepoint.com website. Any communication with the Seller conducted by the Buyer will result in costs incurred by the Buyer resulting from agreements concluded between the Buyer and third parties. In the case of using specific forms of distance communication, the Seller does not charge any additional fees or benefits for the possibility of communicating with them. The subject of the activity of the Online Store eskatepoint.com is the retail and wholesale of small electric vehicles and broadly related products. In matters not regulated by these Terms and Conditions, the relevant provisions of law applicable in the territory of the Republic of Poland shall apply, in particular the provisions of the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended), the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827), and the Act on Personal Data Protection of September 29, 1997 (consolidated text: Journal of Laws of 2002 No. 101, item 926, as amended). The provisions of these Terms and Conditions do not exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended), to which the Buyer is entitled under mandatory provisions of law. In the event of non-compliance with these Terms and Conditions, the above regulations shall take precedence over these Terms and Conditions. In the event of a dispute between the Seller and the Consumer, the latter will be able to resolve the matter amicably by:
applying to a permanent consumer arbitration court
mediation
applying to the provincial trade inspector
obtaining free assistance in resolving the dispute from the Consumer Federation, using the advice of the consumer helpline 800 007 707
“In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Store has been obliged to provide information found on the Online Dispute Resolution platform used to resolve disputes between consumers and entrepreneurs at the EU level (hereinafter: ODR Platform). Based on the above, we provide an electronic link to the ODR Platform: ec.europa.eu/odr, where information on methods of out-of-court dispute resolution can be found, and in particular, the Consumer has the opportunity to submit a complaint if they wish to use these methods. However, this method is voluntary, which means that if the Consumer submits a complaint via the ODR Platform, the Service is not obliged to use alternative methods of resolving it. Refusal to provide the Service is possible despite the complaint submitted by the Consumer regarding the solution of the problem in the aforementioned manner.”
DEFINITIONS
TERMS AND CONDITIONS – these Terms and Conditions together with attachments, informing about the obligations and rights of both Parties to the Agreement. PARTY – a party to the agreement is the Buyer or the Seller; the Buyer and Seller are collectively referred to as the Parties. DISTANCE CONTRACT – an Agreement concluded between the Parties at a distance, when both Parties to the Agreement are not present together; the conclusion of the Agreement takes place using remote Communication Channels available in the Store. COMMUNICATION CHANNELS – forms of placing distance orders specified in section I GENERAL PROVISIONS. STORE – the online store available at the address: www.eskatepoint.com. SELLER and SERVICE PROVIDER – Venarte Sp. z o.o. with its registered office at: ul. Słomiana 24/100, 30-316 Kraków, NIP: PL6762706397, REGON Number: 543192134, entered into the KRS under number 0001204278. CLIENT – a natural person, legal person, or organizational unit without legal personality, making purchases via the Online Store available at www.eskatepoint.com and via telephone or e-mail, and possessing the capacity to acquire rights in accordance with the Act. CLIENT (Specific context) – a natural person purchasing items via the eskatepoint.com Online Store, by phone or e-mail for any purpose not directly related to their business or professional activity. BUYER – the Client and Consumer collectively. SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality, making purchases via the Online Store available at www.eskatepoint.com and using the Newsletter subscription; possesses the capacity to acquire rights in accordance with the Act. ORDER – an offer to conclude a sales agreement submitted by the Buyer via the eskatepoint.com Online Store. USER – any entity using the Online Store. ACCOUNT – the User’s individual administrative panel, available after registration and logging in to the eskatepoint.com Online Store, defined by a login and password, used to conclude sales agreements. REGISTRATION – the process consisting of creating an Account by the User in the eskatepoint.com Online Store. SALES AGREEMENT – an agreement for the sale of goods concluded between the Seller and the Buyer via the Online Store. ITEM – any item sold via the eskatepoint.com Online Store. NEWSLETTER – a service provided electronically consisting of sending commercial information regarding the Store’s own goods to Service Recipients. PAYMENT METHOD – the method of payment for the ordered goods, selected from the methods offered by the Store by the Buyer during the placement of the Order or as a result of individual arrangements with the Store, using a different payment method than those presented on the website. DELIVERY METHOD – the method of delivery of the ordered goods, selected by the Buyer from the methods offered in the Store or after individual arrangements with the Store, a different delivery method than that presented on the website. SALES DOCUMENT – a VAT invoice or receipt, depending on the Buyer’s indication. ATTACHMENTS – information on the right of withdrawal from the agreement and the withdrawal form template. CODE OF GOOD PRACTICES – a set of rules of conduct used by the Seller, adopted into generally applicable law as ethical and professional standards, aimed at preventing unfair market practices. INFORMATION – information about the item located next to the item description, constituting a description of the most important terms and features of a given item, allowing the Buyer to familiarize themselves with its features. SHOPPING CART – a method of storing items selected by the Client for later purchase. PLACE OF ITEM RELEASE – the place indicated by the Buyer in the placed order, to which the item purchased by the Buyer is to be delivered. TIME OF ITEM RELEASE – the time at which the Buyer or another person authorized to collect the item takes possession of the subject of the agreement. COMPLAINT AND WITHDRAWAL ADDRESS – the address or addresses indicated by the Seller as addresses for submitting specific statements, functioning as a correspondence address. SUBJECT OF THE AGREEMENT OR SUBJECT OF THE SERVICE – items or services selected by the Buyer that are the subject of the Agreement or the subject of the Service; the provision of shipment by the Seller in the event that the Buyer selects one of the delivery methods offered by the Seller is also covered by the subject of the Agreement. ELECTRONICALLY SUPPLIED SERVICES – functionalities of the ICT system enabling the Service Provider to offer specific technical solutions, such as: the possibility of registering and maintaining an Account in the Online Store, providing the Newsletter service, and enabling a one-time placement of an Order via the Order Form available in the Online Store; without the simultaneous physical presence of the parties (at a distance), through the transmission of data at the individual request of the Service Recipient, sent and received using devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law. ORDER FORM – a technical system enabling the Buyer to place an Order through the available form fields without the need for prior Registration in the Online Store. IT SYSTEM – technical and IT structures and software enabling transmission. DEFECT – a legal or physical defect of the purchased item.
III REGISTRATION
Registration in the eskatepoint.com Online Store is voluntary and free of charge. In order to register in the Store, the User should fill out the registration form located on the Store’s website, providing their actual data therein. In order to complete the registration process, the User is obliged to provide the following data:
User Name
E-mail address
Password
Repeat password
Consent to receive the Newsletter about promotions and news available in the store to the e-mail address provided during registration may be optionally expressed at the time of registration. The User’s Account will be created upon completing the registration form fields with the required data. In the event of a change in the User’s data required for registration after registration, the User is asked to update the data so that they correspond to reality. In the event of a change in the User’s data required for registration after the execution of the agreement, the User is asked to update them and inform the Store of such an event. In order to make successful purchases in the store, the User is obliged to provide the following data: Name Surname E-mail address Phone Shipping details: Individual/Company Name/Company Name Surname/NIP (Tax ID) Country Voivodeship (Province/State) Street Name House / Apartment Number City Postal Code Optionally, it is possible to provide the payer’s details, in accordance with the indications indicated in para. 3. The shipping method will be determined after the User fills in the order form fields. The Client may optionally enter their notes to the placed order.
IV ORDERS
The Client may place orders in the Store 24 hours a day and 7 days a week via the website www.eskatepoint.com. Information about goods presented on the Store’s websites does not constitute an offer within the meaning of the Civil Code; it implies an invitation to conclude an Agreement. Placing an Order constitutes an offer submitted by the Client to the Seller within the meaning of the Civil Code. Registration and creating an Account is not a condition for placing an order in the eskatepoint.com Store. The Buyer has the option to place an order via the Online Store without prior registration using the order form. In order to place an order, the Buyer should add the item they want to buy to the “Cart”. Adding goods to the “Cart” is not equivalent to placing an order. Items can be freely added and removed from the “Cart”. The “Cart” allows the Buyer to manage the ordered goods and calculate the value of the order. Selected items must be added to the “Cart” in order to finalize the order. The next step will be to select options defining respectively: the payment method and the delivery method. The Buyer may place an order after logging in to their Account or, if not registered, by providing the data necessary for the Seller to process the order in the form. During the placement of the order, the Buyer may optionally enter comments on the order by assigning them in the appropriate place. Here, a different shipping address than the billing data can be selected. The final stage is determining the form of the sales document (receipt or VAT invoice). After filling in the necessary form fields, the “I accept” button must be selected. The Buyer will be provided with the buyer and address data, as well as the order value and its method of implementation after placing a correct order. In the case of accepting all selected elements, in order to effectively place the Order, the “I order and pay” button must be selected. The moment of concluding the agreement is considered the moment of confirmation by the Online Store sent electronically. The Buyer may make changes to the order or completely withdraw the order via e-mail or telephone. The ordered goods are sent to the address indicated by the Buyer. The moment of full execution of the agreement is considered the day the shipment is collected by the Buyer.
V PAYMENT METHOD
All prices in the Store include tax. The Store provides the following payment methods:
prepayment – payment by bank transfer – payment of the full value of the order calculated in the calculation to the company’s bank account before shipment of the ordered goods,
online transfer – payment of the full value of the order calculated in the calculation to the company’s bank account before shipment of the ordered goods,
card payment – payment of the full value of the order calculated in the calculation to the company’s bank account before shipment of the ordered goods.
The Buyer is obliged to make purchases and order the service according to the prices and shipping costs applicable at the time of placing the order. The Seller reserves the right to change prices and shipping costs, in particular in the event of changes in the price lists of entities carrying out deliveries. This provision does not apply to orders already being processed. Actual prices and shipping costs are given on the subpage of the Online Store and are visible at the Cart level.
VI DELIVERY IMPLEMENTATION
Delivery takes place to the address indicated by the Buyer in the order. Deliveries are carried out via various courier companies with which we cooperate. During the placement of the order, the Buyer selects the form of shipping they are interested in. Shipping of the goods takes place immediately after receiving the order and its confirmation by the eskatepoint.com online store. Delivery time depends on the availability of goods and the country to which the goods are sent. The Buyer is informed about the order processing time at the stage of placing the order. If it is to be extended, the buyer will receive an e-mail with information. Orders will be processed on business days between 9:00 AM – 9:00 PM. In the event of the situation described above in para. 5, information about responsibility for the shipment will be provided to the Buyer by the Seller electronically to the provided contact address after placing the order. In the event that the Seller is unable to fulfill the service due to the unavailability of goods, they will immediately, and no later than within 30 days from the conclusion of the Agreement, inform the Buyer of this fact, who will then decide on further proceedings regarding the placed order.
VII COMPLAINT – WARRANTY
In the case of agreements concluded with Consumers pursuant to Art. 22¹ of the Civil Code, the Seller is liable to the Consumer on the principles set out in Art. 556 and subsequent articles of the Civil Code for physical or legal defects (statutory warranty). The Seller is liable under the statutory warranty if a physical defect is found before the expiry of two years from the moment of releasing the item to the Consumer, and if the subject of the sales service was a used item – before the expiry of one year from the moment of releasing the item to the Consumer. The Consumer’s claim for removal of the defect or replacement of the item with a defect-free one expires after one year, counting from the day the defect was found, but not earlier than after the expiry of two years from the moment of releasing the item to the Consumer, and if the subject of the sale is a used item – before the expiry of one year from the moment of releasing the item to the Consumer. If the use-by date specified by the Seller or the manufacturer expires after two years from the moment of releasing the item to the Consumer, the Seller is liable under the statutory warranty for physical defects of the item found before the expiry of this period. A physical defect is understood as the non-conformity of the sold item with the Agreement. In particular, the sold item is non-compliant with the Agreement in the case that: a) the given item lacks the properties indicated for the purpose of the agreement, which is stipulated or results from the conditions or intended use; b) the given item lacks certain properties about the existence of which the Seller assured the Buyer, including by presenting a sample or model; c) the item is not suitable for the purpose about which the Seller was informed by the Buyer at the conclusion of the Agreement, and the Seller did not raise an objection as to such intended use; d) the item was released to the Buyer in an incomplete state. 6. A public assurance by the manufacturer or their representative or a person introducing the item to the market within the scope of their business activity, as well as a person who, by placing their name, trademark, or other distinguishing feature on the item, presents themselves as its manufacturer, will be treated equally to the Seller’s assurance. 7. The Seller shall be released from the liability referred to in para. 7c only in the case that: a) they prove that they did not know or could not reasonably have met these assurances; b) they demonstrate that the assurance could not have influenced the Consumer’s decision; c) the content of the assurance was corrected before the conclusion of the Agreement with the Seller. 8. The sold item will also have a defect in the event of its incorrect assembly and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is liable, or by the Buyer who followed the instructions issued by the Seller. 9. In the case of an Agreement with a Consumer, when a physical defect was found before the expiry of one year from the moment of releasing the item, it is assumed that it existed at the time the risk passed to the Consumer. The Consumer is responsible for indicating that the defect existed at the time of purchase if the defect was revealed after the expiry of one year from the moment of releasing the item. 10. If the sold item has a defect, the Consumer may: a) submit a statement requesting a price reduction; b) submit a statement of withdrawal from the Agreement; c) demand replacement of the item with a defect-free one; d) demand removal of the defect. 11. The Consumer does not have the right to withdraw from the Agreement if the defect is insignificant. 12. A Consumer exercising rights under the statutory warranty is obliged to deliver the defective item to the Complaint Address at the Seller’s expense, and if due to the type of item or the method of its installation, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer has the right to return the item at the Seller’s expense and risk. 13. The Seller kindly requests attaching a description of the non-conformity of the goods with the Agreement, which is intended to facilitate the complaint process. 14. The Seller will respond to the Client’s notification within 14 (fourteen) days. Otherwise, it is considered that the Seller acknowledged the Client’s statement or demand as justified. At the request of the Consumer referred to in para. 10 a or b, the Seller may replace the defective item with a defect-free one or remove the defect, if this occurs immediately and without significant inconvenience to the Consumer. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a defect-free one or remove the defect, they do not have the right to replace or repair the item. Instead of the defect removal proposed by the Seller, the Consumer may demand replacement of the item with a defect-free one, or instead of replacement, demand removal of the defect, unless bringing the item into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, wherein when assessing excessive costs, the value of the defect-free item, the type and significance of the found defect, as well as the inconvenience to which the Client would be exposed by another method of satisfying claims are taken into account. The Seller may refuse the Consumer’s request for a refund if bringing the defective item into conformity with the Agreement in the manner chosen by the Consumer is impossible or requires excessive costs compared to another possible method. In the case of a price reduction, the reduced price should remain in such proportion to the price resulting from the Agreement as the value of the defective item remains in relation to the defect-free item. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within any reasonable time without excessive inconvenience to the Consumer. In a situation where the defective item has been installed, the Consumer may demand that the Seller disassemble and reinstall it after replacement with a defect-free one or removal of the defect. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the Seller’s expense and risk. The Seller may refuse disassembly or reassembly provided that the cost of these activities exceeds the value of the sold item. In the case referred to above, the Consumer may demand that the Seller disassemble and reassemble, however, they are obliged to bear part of the costs related thereto by the value exceeding the price of the sold item or may demand payment of part of the disassembly or reassembly costs incurred by the Seller up to the amount of the price of the sold item. In the case of agreements concluded between a Client who is not a consumer within the meaning of Art. 22¹ of the Civil Code, pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty is excluded. The Consumer, on the principles set out in para. 2, 3, 4 and [sic] of this paragraph of the Terms and Conditions, may submit a statement of withdrawal from the agreement or price reduction due to a physical defect of the sold item, and when the Consumer demanded replacement of the item with a defect-free one or removal of the defect, the deadline for submitting a statement of withdrawal from the agreement or price reduction runs from the ineffective expiry of the deadline for replacing the item or removing the defect. In the case of pending proceedings before an arbitration court regarding one of the rights under the statutory warranty, the limitation period for other rights available to the Consumer on this account is suspended until the final conclusion of the proceedings in this matter. These provisions apply accordingly to mediation proceedings, wherein the limitation period for other rights under the statutory warranty available to the Consumer begins from the day of the settlement agreed before the refusal to accept the mediator by the court or the ineffective termination of mediation. The deadlines for asserting rights under the statutory warranty for legal defects of the sold item run from the day on which the Consumer discovered the defect, and in the case where the Consumer discovered the defect only as a result of a third party’s complaint – from the day on which the judgment or other decision of the authority issued within the dispute with the third party became final. If the Consumer, due to a defect in the sold item, submitted a statement of withdrawal from the agreement or price reduction, they may demand compensation for the damage suffered as a result of concluding the agreement without knowing about the defect, even if the damage results from circumstances for which the Seller is not liable, and in particular may demand reimbursement of the costs of concluding the Agreement, debt collection, proceedings, insurance of the item, reimbursement of incurred expenses to the extent that they benefited from them and did not receive the aforementioned from a third party. The above does not prejudice generally applicable provisions of law mandating compensation for damage resulting from relevant statutory and executive provisions. If the Seller concealed the defect, the expiry of the deadline does not exclude the rights under the statutory warranty. The complaint address is: Venarte Sp. z o.o. ul. Gancarza 9, 36-100 Kolbuszowa The Store does not accept cash on delivery shipments. All costs of a justified complaint will be refunded to the Client to the bank account indicated by the Client.
VIII GUARANTEE
Goods sold via the eskatepoint.com Online Store are covered by the Seller’s and Manufacturer’s guarantee. Both the Manufacturer and the Seller provide a one-year guarantee for the purchased goods. The Seller is liable for the non-conformity of the item with the agreement under the statutory warranty specified in section VII Complaint – Warranty. Detailed guarantee conditions are specified in the guarantee card issued by the guarantor.
IX EXCHANGE
The Buyer is entitled to exchange a given item for another size or model within 30 days from the date of its receipt. Shipping costs in both directions are borne by the Buyer. The returned goods cannot bear signs of use, should have the original packaging and tags, otherwise the goods will be sent back at the Buyer’s expense. The exchange takes place immediately after the shipment is received by the Store, no later than within 14 days from the date of receipt. We kindly ask to arrange exchanges via the eskatepoint.com Store website service.
X WITHDRAWAL FROM THE AGREEMENT – RETURN OF THE ITEM
Under Art. 27 of the Consumer Rights Act, a Consumer who has concluded a distance contract has the right to withdraw from it without giving a reason and incurring costs, with the exception of costs specified in Art. 33, 34 and 35 of the Consumer Rights Act, by submitting an appropriate statement in writing within fourteen days from the date of receiving the order. To meet this deadline, it is sufficient to send the statement before its expiry. The statement can be sent electronically to the address: eskatepoint@gmail.com or by letter to the address: eskatepoint@gmail.com Venarte Sp. z o.o. Słomiana 24/100 30-316 Kraków Poland The statement may be submitted on the form constituting an Attachment to these Terms and Conditions, which was provided to the Consumer together with the item, also available on the website www.eskatepoint.com or in another form, in accordance with the Consumer Rights Act. Together with the statement referred to in para. 1, the Client is also asked to provide information about the current bank account to which the refund is to be made. The Seller confirms receipt of the statement of withdrawal from the agreement to the Consumer immediately after receiving it. This confirmation will be sent to the e-mail address provided when ordering or indicated as a contact in the submitted statement of withdrawal from the agreement. In the event of withdrawal from the agreement, the Agreement is considered not concluded. The Consumer is obliged to return the item or items immediately, no later than within 14 days from the day of withdrawal from the agreement. The Consumer returns the item or elements of the Agreement from which they withdrew at their own risk and cost. The Consumer is liable for the diminution in the value of the subject of the agreement or item resulting from using the item or items in a way that goes beyond the ordinary management of the item in order to determine the features, functionality, and nature of the item. The Seller will immediately, no later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the agreement, return to them all payments made by the Consumer, including the costs of delivering the item, provided that: a) The Seller makes the refund using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve additional costs for them; b) if the Consumer has chosen a method of delivering the item other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Consumer for additional costs incurred by them; c) The Consumer is liable for the diminution in the value of the item resulting from using it in a way that goes beyond what is necessary to determine its nature, features, and functionality, referred to in para. 8 above. 10. In the event of withdrawal from a distance contract regarding services commenced with the Consumer’s consent before the deadline for withdrawal from the Agreement, the Consumer is obliged to pay for the service performed until the withdrawal from the Agreement. 11. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the price or remuneration included in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount will be the market value of the service performed. 12. The Consumer does not bear the costs of supplying digital content not recorded on a tangible medium if they did not agree to the performance of the service before the deadline for withdrawal from the Agreement or were not informed about the loss of their right to withdraw from the Agreement until giving consent, or the entrepreneur did not provide confirmation in accordance with Art. 15 para. 1 and Art. 21 para. 1 of the Consumer Rights Act. 13. The Seller may withhold the refund of the payment received from the Consumer until the item is returned or proof of its return is provided, depending on which event occurs first. 14. The Consumer does not have the right to withdraw from the agreement in cases indicated in Art. 38 of the Consumer Rights Act.
XI PROVISION OF ELECTRONIC SERVICES
The Service Provider, via the Online Store available at eskatepoint.com, provides the following Electronic Services:
establishing and maintaining an Account in the Online Store
enabling the placement of an order via the appropriate Form
Newsletter
The provision of Services electronically by the Service Provider is free of charge. The agreement for the provision of the Electronic Service consisting of maintaining an Account in the Online Store and providing the Newsletter service is concluded for an indefinite period. The agreement for the provision of the electronic service consisting of the possibility of placing an order via the appropriate Form is concluded for a definite period and is terminated at the moment the order is placed or the Service Recipient ceases to place the order. Recommended technical requirements for cooperation with the ICT system are: computer with Internet access, access to e-mail, web browser: Internet Explorer version 7.0 or newer, any supporting JavaScript and cookies, Mozilla Firefox version 4.0 or newer, any supporting JavaScript and cookies, or Google Chrome version 8 or newer. Recommended screen resolution 1024×768 pixels. The Service Recipient is obliged to use the Online Store in accordance with the law and good manners, keeping in mind respect for personal rights and intellectual property rights of third parties. The Service Recipient is obliged not to provide content of an unlawful nature. It is prohibited to use electronic Services in a manner that unlawfully disrupts the functioning of the Online Store through the use of specific software or devices or distributing or placing unsolicited commercial communication in the Online Store. The Service Provider may submit complaints regarding the provision of the electronic service via the eskatepoint.com Online Store via the Store’s e-mail to the e-mail address: eskatepoint@gmail.com or in writing to the address: Venarte Sp. z o.o., ul. Słomiana 24/100, 30-316 Kraków. The Service Provider will consider the complaint no later than within 14 days from the date of submitting the complaint. eskatepoint.com eskatepoint@gmail.com The Service Recipient may terminate the service without time limit in the case of providing an electronic Service of a continuous nature at any time and without giving reasons by sending an appropriate statement by e-mail to the address: eskatepoint@gmail.com or in writing to the address: Venarte Sp. z o.o. ul. Słomiana 24/100, 30-316 Kraków. The Service Provider may terminate the agreement for the provision of the electronic Service without time limit in the event that the Service Recipient objectively and persistently violates the Terms and Conditions, and in particular provides content of an unlawful nature, after an ineffective, one-time call to cease setting an appropriate deadline. In such a case, the agreement expires after 7 days from the date of submitting the declaration of intent to terminate. The Service Provider and the Service Recipient may terminate the Agreement for the provision of the Service electronically at any time by mutual agreement of the parties. Termination of the Agreement for the provision of an electronic service concluded for an indefinite period by the Service Provider and the Service Recipient does not violate the rights or benefits obtained by the Parties during the term of the agreement. The Service Provider provides a response in the event of a submitted Complaint to the e-mail address provided by the Service Recipient or in another agreed manner.
XII FINAL PROVISIONS
Changes to these Terms and Conditions may be made after prior notification to Users about the scope of the envisaged changes, no later than 14 days before the date of their entry into force. Orders placed during the validity of the previous version of the Terms and Conditions will be processed in accordance with its provisions. The User may delete their Account if they do not agree with the introduced changes to the Terms and Conditions. Any disputes arising between the Seller and a Client who is a Consumer within the meaning of Art. 22¹ of the Civil Code shall be resolved before a common court competent according to the provisions of the Code of Civil Procedure. Possible disputes arising between the Seller and a Client who is not a Consumer within the meaning of Art. 22¹ of the Civil Code shall be resolved before a common court competent for the seat of the Store. Users may contact the Seller in the following way:
by phone: +48 537 286 850
by e-mail: eskatepoint@gmail.com
using the contact form
in writing to the address: Venarte Sp. z o.o. ul. Słomiana 24/100, 30-316 Kraków
Clients may access these Terms and Conditions at any time via a link placed on the main page of the eskatepoint.com Online Store. The Terms and Conditions can be recorded, obtained, and reproduced by printing or saving on an appropriate data carrier. The name of the Online Store eskatepoint.com, the address at which it is located: www.eskatepoint.com, and any other materials contained therein are subject to copyright and legal protection. Using and distributing them without the consent of the Store owner is prohibited. These Terms and Conditions are valid from January 19, 2026.