Regulations

Terms and Conditions

TERMS AND CONDITIONS OF THE EXCELLENT SA ONLINE STORE

Defining 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 shop 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 under number: 169449 (place of storage of registration files: District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register), NIP: 676-10-26-714, BDO: 000012499 share capital: PLN 3,259,200 (paid 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 through the online store 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.

Goods – goods offered by Excellent in the online store.

E-Invoice – an invoice, corrective invoice, duplicate invoice and duplicate corrective invoice in PDF format issued in accordance with the law and made available to the customer by Excellent in accordance with the provisions of the Act of 11 March 2004 on goods and services tax.

Price – the gross value of the Goods in PLN that the Customer is obliged to pay to Excellent.

Consumer – a natural person purchasing Goods 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 whom the law grants legal capacity, conducting business or professional activity on their own behalf and using Excellent's services in direct connection with their business or professional activity.

Account – a virtual set of resources and permissions assigned to a specific Customer who has completed the full Registration process, used to place Orders by 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 will by the Customer expressing their direct intention to conclude a Distance Sales Agreement, submitted using means of distance communication, specifying the Goods for which the Customer is submitting 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 rules and regulations 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 under number: 169449.

Contact telephone number: 503 11 55 44

e-mail: bok@excellent.com.pl

complaints: https://excellent.com.pl/zwroty-i-reklamacje.html

Sales contract – a sales contract within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of Goods for the payment of the Price plus any additional fees, in particular shipping costs.

II. Rules for Order Fulfilment

The presentation of Goods and their prices in the Online Shop does not constitute an offer to purchase within the meaning of the Civil Code, but only an invitation to conclude a Sales Agreement after the Seller has accepted the Order placed by the Customer. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order on the terms and conditions set out below:

The Customer adds the selected Goods to the Basket and then proceeds to the Order form.

A Customer who has an Account confirms in the Order form that the data necessary to conclude and perform the Sales Agreement is up to date. Customers who do not have an Account must fill in the Order form themselves with the data necessary to conclude and perform the Sales Agreement. In the Order form, the Customer provides the following data: name and surname, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement; Goods and their quantity, place and method of delivery of the Goods, method of payment. In the case of Customers who are Entrepreneurs or Consumers conducting business activity, it is also necessary to provide the name and address of the company, and if they have requested a VAT invoice in the form, also the VAT number.

The Customer selects one of the methods of delivery of the Goods provided by Excellent.

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

The Customer sends the Order to the Seller (submits an offer) using the functionality of the Online Store provided for this purpose (button: ‘Order and pay’). It is then necessary to accept the Terms and Conditions.

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

3. The Sales Agreement is concluded when the Customer receives an e-mail from Excellent with the title ‘Electronic invoice notification’, sent to the email address indicated in the Order, confirming the Sales Agreement concluded between the parties, including the Goods purchased by the Customer, their price and any transport costs, as well as other relevant terms and conditions of the Sales Agreement.

4. If the Seller is unable to conclude the Sales Agreement in whole or in part due to the fact that the Goods are not available, or due to unforeseen circumstances, they have not been delivered to the Seller or have been damaged or lost, the Seller shall immediately notify the Customer by sending relevant information to the e-mail address provided in the Order and shall refund the price received no later than within 7 days from the moment of providing information about the impossibility of concluding the Sales Agreement.

5. A VAT invoice or receipt is issued for each Sales Agreement concluded, which documents are sent to the Customer by e-mail to the e-mail address provided when placing the Order, to which the Customer agrees.

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

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

III. Account registration rules

The Account enables the Registered Customer to place Orders.

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

a) access to the Order history,

b) return or complaint submission,

c) information about sales and promotions,

d) invitations to events,

e) use of promotions available only to registered Customers

The Seller may allow Registered Customers to use other functionalities.

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

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

a) email address

b) first and last name

c) address

Creating an Account requires the Customer to provide and confirm a password, which will be used to log in to the Account. The password should be at least 8 characters long, contain at least one upper-case letter and one lower-case letter, one number and one symbol

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

a) delivery address

b) telephone number

c) payment method

Delivery is made to the Customer's address provided during Account registration, unless the Customer has specified a different delivery address. The Customer may register multiple delivery addresses in their Account and change the delivery address when placing an Order.

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 Shop, maintaining the Account and fulfilling Orders. The Customer may voluntarily consent to the processing of personal data for the Seller's marketing purposes.

Creating an Account requires the Customer to declare that they have received the Terms and Conditions by e-mail, have read the Terms and Conditions and agree to them. Failure to provide the above-mentioned data makes it impossible to create an Account. The same applies to the lack of declarations regarding the Terms and Conditions.

 

IV. Prices

All prices listed on the Online Store's website are given in Polish zlotys and include VAT.

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

The price given for each Good is binding at the time the Customer places the Order.

The Online Store reserves the right to change the price of Goods offered by the Online Store, to conduct and cancel promotional campaigns or to make changes to them. The above right does not affect the prices of Goods in Orders placed before the date of entry into force of the change in price, terms and conditions of promotional campaigns or sales.

V. Payment

The methods of payment are forms of payment processed by a payment intermediary:

PayU:

- PayU quick transfer,

- traditional transfer,

- payment by VISA, Master Card, VISA Electron & Maestro,

- Blik,

- Google Pay, Apple Pay,

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

The Customer may use the discount code received electronically. Discount codes are time-limited; after the expiry date, the Customer will not be able to use the discount.

VI. Delivery methods and times

The Seller shall inform the Customer about possible delivery times, methods and costs in the product card, as well as on a specially dedicated Delivery Methods page (https://excellent.com.pl/metody-dostawy.html).

The Customer should check the condition of the Goods or, if this is difficult, the condition of the shipment (packaging) immediately after delivery. If any visible damage or loss of the shipment is found, the Customer should draw up an appropriate damage report in the presence of the carrier and immediately notify Excellent of this fact by e-mail at bok@excellent.com.pl or by telephone at 503 11 55 44, during the working hours of the Excellent team.  

Upon delivery of the Goods by Excellent to the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage, shall 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 Goods arising from the moment of acceptance for transport until delivery to the Customer who is an Entrepreneur, nor for any delay in the transport of the shipment.

Excellent shall not be liable for non-delivery of the Goods or delay in their delivery for reasons attributable to the Customer, in particular if they are caused by the Customer providing an incorrect or inappropriate delivery address. In such a situation, the Seller shall notify the Customer of the unsuccessful attempt to deliver the Goods.

In order to speed up the fulfilment of the Order, the Goods may be sent in several shipments, which does not entail any additional costs for the Customer. 

 

VII. Complaints procedure

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

Complaints may be submitted by the Customer:

using the complaint submission platform available at https://excellent.com.pl/zwroty-i-reklamacje.html,

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

Details on how to submit a complaint can be found in the Returns and Complaints tab.

In the event of a complaint, the Customer is obliged to deliver the defective Goods at their own expense, together with the complaint form available on the Online Store website at: excellent.com.pl/formularz-reklamacyjny

The complaint should include: name and surname, e-mail address provided in the Order, date of purchase, transaction number, description of the situation to which the complaint relates or other circumstances justifying the complaint, and the date of occurrence of the defect, as well as the Customer's request related to the complaint.

Regulations concerning Customers who are Consumers

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

The Seller shall not be liable for the non-compliance of the Goods with the contract if the Consumer, at the latest at the time of conclusion of the sales contract, was expressly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract and expressly and separately accepted the lack of a specific feature of the Goods.

The Seller shall be liable for the non-compliance of the Goods with the contract resulting from improper installation of the Goods if:

it was carried out by the Seller or under its responsibility;

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

Regulations concerning Customers who are Entrepreneurs:

A Customer who is an Entrepreneur has the right to lodge a complaint in accordance with the applicable provisions of law, whereby the Seller's liability under the warranty for physical defects in the Goods is limited to the amount that the Customer who is an Entrepreneur paid to the Seller for the purchase of the Goods, subject to the following sentence. A Customer who is an Entrepreneur loses their warranty rights if they have not inspected the Goods in a timely manner and in a manner accepted for items of this type and have not immediately notified the Seller of the defect, and in the event that the defect only became apparent later – if they have not notified the Seller immediately after discovering it.

If the purchased Goods are defective, the Customer who is an Entrepreneur may:

demand that they be brought into conformity with the contract by means of a free repair, unless the repair is impossible for the Seller to carry out or requires excessive costs,

demand that the Goods be replaced with new ones, unless replacement is impossible for the Seller to carry out,

demand an appropriate reduction in the price of the Goods,

withdraw from the Sales Agreement, unless the defects are insignificant.

     11. When assessing the excessive nature of the costs, the value of the Goods without defects, the costs of repair or replacement, and the type and degree of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by the Entrepreneur's other means of satisfaction.

     12. The refund shall be made in a manner analogous to the method of payment for the Goods chosen by the Business Customer, unless the Business Customer expressly indicates otherwise.

     13. The Seller shall be liable to the Business Customer for defects in the Goods only if they are reported to the Seller within 2 years from the date of conclusion of the contract of sale of the Goods between the parties.  

 

VIII. Withdrawal from the Sales Agreement

A Customer who is a Consumer may withdraw from the Sales Agreement without giving reasons by submitting a relevant written statement within 14 (fourteen) days from the date of Delivery. To meet this deadline, it is sufficient to send the statement before its expiry. A model statement of withdrawal from the Sales Agreement is posted by the Seller on the Store's Website. In the event of effective withdrawal from the Sales Agreement, the agreement is considered void.

The Shop guarantees a refund equal to the price of the product and delivery costs. The money will be refunded within 14 days at the latest 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 Shop reserves the right to withhold the refund until it receives the returned item or ‘proof of its return’. The shop does not cover the costs of returning the goods by the Customer.

The Customer is obliged to return the purchased Goods immediately, no later than within 14 (fourteen) days. The goods should be returned in an unchanged condition, unless the change was necessary within the limits of ordinary management.

To return a product, you must:

print, complete and sign the return form or draw up your own statement of withdrawal from the contract, and then send a scan of the document by e-mail to: bok@excellent.com.pl or by post to the following address: ul. Marcika 14c, 30-443 Kraków,

complete the returned product and pack it securely, deliver the returned product at your own expense, together with the completed statement, to the following address: Centrum Logistyczne 7R Logistic, 32-002 Kokotów 812e.

IX. Out-of-court complaint handling and redress procedures and rules for access to these procedures

Detailed information on the possibility for Users who are Consumers to use extrajudicial means of dealing with complaints and pursuing claims, and the rules for accessing 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 Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection.

If you wish to use out-of-court complaint handling and redress procedures, you can contact institutions dealing with the protection of consumer rights and interests, in particular:

the district (municipal) consumer ombudsman,

provincial inspectorates of the Trade Inspection Authority (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 an employee of the WIIH. Mediation is voluntary, which means that both parties to the contract must agree to this method of dispute resolution,

arbitration courts, in particular permanent consumer arbitration courts operating at the WIIH (both in provincial capitals and in remote branches). These courts hear disputes over property rights arising from contracts 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 agree to it and submit to its jurisdiction, i.e. make a so-called arbitration clause. Proceedings may be initiated by both the consumer and the trader.

The proceedings described above are free of charge; the only costs may be related to the need to pay for expert opinions commissioned from independent experts in the case.

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

An e-invoice is understood to be an invoice issued in electronic form in any electronic format, sent in accordance with the Act of 11 March 2004 on goods and services tax. 

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

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

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

In order for the Customer to use the e-Invoice Service, the Customer must consent to the sending of VAT invoices and provide their email address.

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

The delivery of a corrective e-invoice takes place when the message containing the e-Invoice is delivered to the Customer at the e-mail address provided by the Customer.

In the case of corrective invoices, duplicate invoices and certain settlement invoices, the Seller reserves the right to send the above-mentioned documents in paper form, in particular if formal or technical obstacles prevent the e-invoice from being sent. The invoice will then be issued in paper form and delivered by post, courier or parcel locker together with the Goods.

The Customer undertakes to maintain an active e-mail address provided to Excellent during the period of acceptance of the use of e-invoices. The e-mail address may be updated by the Customer through any customer service channels (by telephone, in writing, electronically).  If the Customer does not wish to receive E-invoices, they are obliged to immediately inform Excellent (by telephone, in writing, electronically).

The Customer's consent to send invoices via e-mail means that they opt out of receiving invoices in paper form. 

The Customer may opt out of receiving VAT invoices via email. If the Customer opts out, they will receive paper invoices starting from the next order following the date of submission of the statement. The statement may be submitted by the Customer via any customer service channel (by phone, in writing, electronically).

Complaints regarding the E-Invoice service may be submitted through any customer service channel (by telephone, in writing, electronically). Complaints related to the provision of the Service shall be considered in electronic, written or telephone form within 14 days from the date of receipt of the complaint.

In matters not covered by this chapter of the Regulations concerning the sending of VAT e-invoices, the provisions of the Act of 11 March 2004 on goods and services tax (Journal of Laws 2004 No. 54 item 535, as amended) and other provisions of generally applicable law shall apply.

 

XI. Final provisions  

The Seller reserves the right to amend the Regulations for an important reason, which is:

a change in existing or the introduction of new provisions of generally applicable law that have a direct impact on the content of the Regulations;

the issuance of an administrative decision or court ruling requiring the Terms and Conditions to be amended;

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

organisational or legal changes affecting the Seller;

changes to the Seller's business model requiring amendments to the Terms and Conditions.

In the event of changes to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it in the Online Store. The amendment to the Terms and Conditions shall enter into force within 14 days of the date of publication of the new Terms and Conditions on the Online Store website.

Customers who purchased a given Product before the amendments to the Terms and Conditions came into force shall be bound by the Terms and Conditions in force on the date of placing the Order.

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

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 website.

Any disputes that may arise in connection with the Sales Agreement concluded between the Customer who is a Consumer and Excellent on the terms specified in the Terms and Conditions shall be settled by the competent common court. Any disputes arising between Excellent and the Customer who is an Entrepreneur shall be submitted to the court competent for the registered office of Excellent.

In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular the 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 provisions of generally applicable law. The choice of Polish law under these Terms and Conditions does not deprive a Consumer of the protection afforded to them under the law, which cannot be excluded by contract, which, in accordance with the relevant regulations, would apply in the absence of the Polish law choice clause.

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 this Regulation. If there is a risk that the product may be considered dangerous after it has been placed on the market, the Seller shall take appropriate measures to recover the product and take other necessary actions in this regard. If the Consumer suspects that a product purchased from the Seller is dangerous or, for other reasons, does not meet the requirements of Regulation 2023/988 on general product safety, they are asked to contact the Seller at: bezpieczenstwoproduktow@excellent. com.pl in order to initiate the appropriate 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 that the manufacturers or importers of the Goods offered in the Store comply with the requirements of the above-mentioned regulation by refusing to make available on the market products which, in its opinion, do not meet these requirements. If the Consumer suspects that a product purchased from the Seller is dangerous or, for other reasons, does not meet the requirements of Regulation 2023/988 on general product safety, they are asked to contact the manufacturer or importer of the product at the address indicated in the product offer or on the packaging. For other matters related to GPSR, please contact the Seller at: bezpieczenstwoproduktow@excellent.com.pl

The Regulations shall enter into force on 04.06.2024.