Terms for customers

DEFINITIONS

1. Easycart – main tool available under Easytools, which after linking with the Creator’s account in Stripe service, enables the Creators to sell Goods through Creator's sales channel on Easycart and the Customers to purchase Goods from the Creator.
2. Easytools – owned by the Company web portal available at the address https://easy.tools, enabling the Creators to use on-line tools supporting the sales of the Creators, in particular through Easycart.
3. Consumer - a person referred to in Article 22¹ the Civil Code Act.
4. Entrepreneur with Consumer Rights – a person referred to in in Article 7aa of the Consumer Rights Act.
5. Account – function of Easycart which allows the Customer to use the functions available on Easycart assigned to a given type of an Account, including the purchase of Goods.
6. Customer – a natural person, legal entity or organizational unit using Easycart to purchase Goods from the Creators.
7. Creator – an entity that is neither a Consumer nor an Entrepreneur with Consumer Rights, using Easycart to sell his Goods to the Customers in the course of his business.
8. Offer - information entered by the Creator and displayed on Easycart or in Creator’s channel integrated with Easycart, concerning terms and conditions of sale of the Goods.
9. Terms and Conditions – these Terms and Conditions governing the use of Easycart addressed to the Users, in particular Customers.
10. Company – Easytools sp. z o.o. with its registered office in Warsaw, al. Rzeczypospolitej 10/46, 02-972, entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, 13^th Commercial Division of the National Court Register under KRS [National Court Register] no. 0001002028, NIP [TIN]: 9512554309, REGON [statistical no.]: 523659062, share capital: PLN 5,000.00, e-mail address: hello@easycart.pl, telephone no.: +48 784 497 884.
11. Goods – physical products, digital content or services offered by the Creator in its sales channel, through Easycart.
12. Sales Contract - a contract for the sale of Goods concluded between the Customer and the Creator through Easycart.
13. User – any entity using Easycart.
14. Newsletter – electronic service provided by electronic mail, that enables automated sending of cyclical educational and marketing content about services, novelties and promotions in Easycart.

GENERAL INFORMATION

1. These Terms and Conditions constitute the terms and conditions for the services electronically supplied by the Company, as referred to in the Electronically Supplied Services Act.
2. On the basis of the Terms and Conditions, the Company provides for the Users electronically supplied services, consisting in:some text
   1. enabling the User to purchase Goods at the Creators who publish Offers on Easycart as a registered user or as a guest,
   2. maintaining the Account on Easycart,
   3. sending Newsletter.

1. The services provided by the Company to the Customers are provided free of charge.
2. By purchasing Goods from the Creator as a "guest" (i.e. without creating the Account on Easycart) the User resigns from functionalities provided by the Account, i.e. access in the Account panel to his  subscriptions and the Goods purchased from the Creators. The Company is not liable for the delivery or availability of Goods or information about subscriptions in such case. Creator will be solely liable in this respect.

USE OF EASYCART

1. To use Easycart a device with Internet access and an active e-mail account is necessary.
2. The User bears the costs associated with Internet access in accordance with the tariffs of his telecommunications operator.
3. The User is obliged to use Easycart in accordance with the provisions of law and rules of social coexistence. In particular, the User must not enter any content of unlawful character to Easycart.
4. If possible, the Company will inform the Customers about planned interruptions in access to Easycart sufficiently in advance, in order to ensure the least possible effect on the possibility to use Easycart.
5. The Company is not liable towards the Customers for interruptions in access or lack of access to Easycart.

REGISTRATION IN EASYCART

1. In order to use all functions of Easycart, including getting access to part of the Goods (in particular digital content) from the Creators through Easycart, the User has to register in Easycart, i.e. create an Account.
2. After granting consent to create an Account, the User Account is created automatically upon successful placement of the first order (conclusion of the Sales Contract). Placing an order is tantamount to acceptance of Terms and Conditions.
3. In order to create an Account, the User must provide data required in the form available on Easycart when placing the first order.
4. Access to the User Account will be possible through the link contained in an e-mail sent to the Customer after placing an order. The e-mail will be sent to Customer immediately after the order is placed to the e-mail address provided by Customer when placing the order.
5. By entering data on Easycart, the User declares that the data is true and in accordance with the facts.
6. Upon placing an order through Easycart a contract is concluded between the Customer and the Company for the provision of services on Easycart, including for management of the Account, for an indefinite period of time, under the rules set out in the Terms and Conditions.
7. The management of the account for the Customer is of free of charge character.
8. The Customer bears liability for sharing access data to the Account to third parties. By granting access to the Account to another person, the Customer declares that it is a person authorized by him to carry out activities within the Account. The Customer bears liability for activities of such person carried out within Easycart as for his own activities.

GENERAL PROVISIONS CONCERNING THE SALES CONTRACT

1. The Sales Contract is concluded at the moment when the Customer places an order through Easycart (clicking on the "Order and pay" button or any other button of similar meaning), unless otherwise indicated in the Offer.
2. The lead time is be indicated by the Creator in the respective Offer.
3. Commencement of processing the order by the Creator takes places once the payment for the Goods purchased has been effectively made, unless otherwise indicated in the Offer.
4. Detailed information on the Goods and the terms and conditions of the Sales Contract, including  Customer's rights, are in the Creator's Offer.
5. The Company is not a party to the Sales Contracts concluded between the Creator and the Customer.
6. In case of informing by the Creator about reduction of price the Creator is obligated to indicate information about the lowest price binding during the period of 30 days prior to introduction of the reduction in accordance with universally binding provisions of law.

GENERAL PROVISIONS CONCERNING THE CUSTOMERS

1. Before purchasing Goods, the Customer should carefully read the Offer and Creator's terms and conditions of sale (if provided).
2. In order to purchase Goods, the Customer should first select particular Goods in Creator's sales channel and add them to the shopping cart, select the characteristics and number of Goods to be ordered (if possible), and then accept required consents, confirm and pay for the order.
3. By confirming the will to purchase Goods in Easycart, the Customer confirms conclusion of the Sales Contract with the Creator on the terms and conditions described in the Offer.
4. Any questions, requests and claims (including complaints and returns) relating to the Sales Contract should be addressed by the Customer directly to the Creator he purchased the Goods at.

PAYMENTS AND SETTLEMENTS

1. The Customer pays for the Goods using the payment methods available on Easycart. Payments for the Goods are made in accordance with the rules and terms and conditions of the payment operator in each case, available at websites of particular payment operators.
2. At the moment when the payment operator referred to in section 2 provides the Creator with the confirmation of Customer’s payment, the Customer’s obligation to pay under the Sales Contract is fulfilled and the order is deemed to have been paid for.

NEWSLETTER

1. The Newsletter service is provided free of charge and for an indeterminate period of time.
2. The contract is concluded at the moment of subscription to the Newsletter by providing for this purpose e-mail address, to which the Newsletter will be sent and clicking the activation link sent to this e-mail address.
3. The contract terminates at the moment of unsubscribing from the Newsletter by submitting a declaration to the e-mail address of the Company: hello@easycart.pl.

GRADING SYSTEM

1. The Company may make available the possibility to grade the Goods or submit opinion about them. Such grades or opinions come solely from Customers who purchased the Goods through Easycart, i.e. after the purchase of particular Goods an e-mail message may be sent to the Customer with a request to grade or submit opinion through a dedicated link.
2. Moreover, third parties within their internet platforms may make available grading or submitting opinion about Easycart or Easytools, under terms set out therein.

COMPLAINTS CONCERNING GOODS

1. The Creator is obligated to provide the Customer with Goods free of defects.
2. Delivery of the Goods is carried out under rules indicated in the terms and conditions of the Creator and the terms and conditions of the carrier.
3. The Creator bears liability for the order, including for the defects in the Goods.
4. The Customer should address complaints relating to the Sales Contract directly to the Creator the Customer purchased the Goods at. Creator's contact details are available either in the Offer or in the Creator's terms and conditions of sale.
5. The Creator will respond to the complaint within 14 days.
6. Details concerning warranty for defects of the Goods concerning Consumers and Entrepreneurs with Consumer Rights are governed by the provisions of the Consumer Rights Act (Articles 43a - 43q).

COMPLAINTS CONCERNING EASYCART

1. The User should address all complaints concerning operation of Easycart and the concluded contract for the provision services electronically supplied directly to the Company by electronic means, to the following e-mail address: hello@easycart.pl, phone: +48 784 497 884.
2. The Company examines complaints immediately, not later than within 14 days of their receipt, in accordance with the rules set out in Articles 43h - 43q of the Consumer Rights Act.
3. The User who is a Consumer has the right to use out-of-court methods of redress, including in particular:some text
   1. the Permanent Consumer Arbitration Courts at the Voivodeship Inspectorates of Trade Inspection,
   2. Municipal (poviat) Consumer Ombudsman,
   3. the ODR Platform, available at the address: europa.eu/odr,
   4. other authorized entities listed in the register available at the address: http://polubowne.uokik.gov.pl/rejestr,5,pl.html.

PERSONAL DATA

1. The Company is the controller of the Users' personal data. The data is processed in accordance with the rules set out in the privacy policy available at the address: https://easycart.pl/polityka
2. Within the scope of Customers’ personal data, the controller of the Customers' personal data is the Creator, with whom the Customer has concluded the Sales Contract.

DURATION OF THE CONTRACT FOR THE PROVISION OF SERVICES

1. Contracts between the User and the Company are concluded for an indefinite period of time.
2. The User may terminate the contract for provision of the Account service, without giving reason, with immediate effect - by deleting the Account with the use of the appropriate function on Easycart or by submitting a notice of termination to the Company's e-mail address: hello@easycart.pl.
3. The deletion of the Account will result in automatic cancellation of the Customer’s active subscriptions purchased on Easycart and loss of access to the Goods (only applicable if the Goods could only be accessed via Easycart panel).
4. The Company is entitled to amend the Terms and Conditions only for important reasons, provided that the User is informed of the planned changes in advance within the User Account, at least 7 days prior to the planned amendment. Within the User Account a panel will appear concerning mandatory declaration of the User in the scope of acceptance or lack of acceptance of the new content of the Terms and Conditions. If the User does not express consent to the changed content of the Terms and Conditions until the changes of the Terms and Conditions enter into force, the contract for provision of the Account service terminates with immediate effect.
5. The following are considered to be important reasons for terminating or amending the Terms and Conditions:some text
   1. adaptation of the services referred to in the Terms and Conditions or Easycart to the provisions of law that are affecting them,
   2. change or entry of new charges of public character affecting the provision of the services,
   3. improving functionalities of the services referred to in the Terms and Conditions or activities aimed at increasing competitiveness of the services or Easycart,
   4. improving security of the services provided or Easycart,
   5. changes in the costs of services provided by external providers, the costs of maintaining and operating the infrastructure in the scope used within the provision of the services referred to in the Terms and Conditions.

WITHDRAWAL FROM THE GOODS SALES CONTRACT

1. Obligation to provide information regarding User’s right to withdraw from the Sales contract lies with the Creator as a party to the Sales contract, in accordance with GENERAL PROVISIONS CONCERNING THE SALES CONTRACT and GENERAL PROVISIONS CONCERNING THE CUSTOMERS above. The regulation indicated below concerning User's right to withdraw from the Sales Contract will apply in the event of failure to provide this information by the Creator.
2. Subject to section 8 below, the Customer has the right to withdraw from the Sales Contract without giving any reason within 14 days from the day of conclusion of the Sales Contract (concerns services or digital content not provided on a tangible medium) or from the day on which he entered into possession of the Goods or on which a third party other than a carrier and indicated by the Customer entered into possession of the Goods.
3. In order to exercise the right of withdrawal from the Sales Contract, the Customer must inform the Creator of his decision.
4. In order to withdraw from the Sales Contract, the Customer may use the model withdrawal form constituting appendix to the Terms and Conditions.
5. In order to comply with the deadline for withdrawing from the contract, it is sufficient for the Customer to send information concerning the withdrawal from the Sales Contract before the expiry of the deadline for withdrawing from the contract.
6. In case of withdrawal from the Sales Contract the Creator will return to the Customer all received from the Customer payments, including costs of delivery of the Goods (excluding additional costs resulting from chosen by the Customer method of delivery other than the least expensive ordinary method of delivery offered by the Creator), immediately, however not later than 14 days from the day, on which the Creator had been informed about withdrawal from the Sales Contract.
7. The Creator will return the payments with the use of the same payment methods as used by the Customer to pay for the order, unless the Customer agreed to a different solution. The Creator may withhold return of the payment until receipt of the Goods or until providing him with proof of sending them back, whichever occurs first. Direct costs of returning the Goods are borne by the Customer.
8. The Customer is liable for decrease of value of the Goods resulting from their use in a manner other than necessary to determine character, characteristics and functioning of the Goods.
9. If the Customer requested commencement of provision of services before the expiry of the deadline for withdrawing from the contract, the Customer will pay the Creator amount proportionate to the scope of performance fulfilled until the moment, when the Customer informed the Creator about withdrawal from this contract.
10. The Customer (Consumer or Entrepreneur with Consumer Rights) will not have the right to withdraw from a distance contract in relation to contracts:some text
    1. for the provision of services, for which the Customer is obligated to pay the price, if the Creator has performed the service in full upon clear and prior consent of the Customer, who has been informed before commencement of the performance, that after fulfilling the performance by the Creator he will lose his right to withdraw from the contract, and acknowledged it;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the Creator does not exercise control and which may occur before the expiry of the deadline for withdrawing from the contract;
    3. in which the subject of performance are non-prefabricated goods, produced in accordance with the Customer's specification or intended to meet the Customer's individual needs;
    4. in which the subject of performance are goods that are perishable or have short use-by date;
    5. in which the subject of performance are goods delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
    6. in which the subject of performance are goods which after delivery, due to their nature, become inseparably combined with other goods;
    7. in which the subject of performance are alcoholic beverages, price of which has been determined upon conclusion of sales contract, and delivery of which may take place only after lapse of 30 days and value of which depends on market fluctuation, over which the Creator does not exercise control;
    8. in which the Customer clearly requested the Creator to come over in order to carry out an urgent repair or maintenance; if the Creator additionally performs services other than those of which performance has been requested by the Customer, or delivers goods other than replacement parts critical for performance of the repair or maintenance, the Customer has the right to withdraw from the contract in regard to additional services or goods;
    9. in which the subject of performance are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
    10. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
    11. concluded in the course of public auction;
    12. for the provision of services in the scope of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the contract specifies the date or period of provision of the service;
    13. for the supply of digital content not delivered on a tangible medium, for which the Customer is obligated to pay the price, if the Creator commenced the performance upon clear and prior consent of the Customer, who has been informed before commencement of the performance, that after fulfilling performance by the Creator he will lose his right to withdraw from the contract, and acknowledged it, and the Creator provided to the Customer confirmation of conclusion of the contract and about granted by the Customer consent for supply of digital content in the circumstances causing loss of the right of withdrawal;
    14. for the provision of services, for which the Customer is obligated to pay the price, where the Customer clearly requested from the Creator to come over in order to perform repair, and the service has been already performed in its entirety upon clear and prior consent of the Customer.

Appendices:

Appendix no. 1 – model form for withdrawal from contract.

Appendix no. 1 to the Terms and Conditions

MODEL FORM FOR WITHDRAWAL FROM CONTRACT

(this form should be completed and sent back only in case of willingness to withdraw from contract)

• Addressee: (Creator’s data)
• I/We(*) hereby inform about my/our withdrawal from the sale contract of the following items(*) contract for supply of the following items(*) contract for specific work consisting in making the following items(*)/for performance of the following service (*)_____________________
• Date of conclusion of the contract (*)/receipt(*)__________________
• Name and surname of the consumer(s) _______________________________
• Address of the consumer(s) ________________________________
• Signature of the consumer(s) (only if the form is sent in paper version)________________________
• Date _________________

(*) Delete as appropriate.