Terms and Conditions and Privacy Policy

Online Store Regulations and Privacy Policy

I. INFORMATION ABOUT THE ENTREPRENEUR

1. These Regulations define the general terms and conditions and rules for using the online store located at: eyeminge.com, hereinafter referred to as the evaminge.com Online Store, by entities, including consumers, purchasing Goods via the evaminge.com Online Store.
2. The evaminge.com online store, operating at eyeminge.com, is run by: Eva Minge Design Sp z o. o. with its registered office in Katowice, address: ul. Bażantów 35, 40-668
   entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register, under KRS number 0000428080.
   Share capital: PLN 9,700,000.00, fully paid up, REGON 242959643, NIP 9542738327

II. DEFINITIONS

1. The terms used in the Regulations mean:

• evaminge.com – Eva Minge Design Sp z o. o. with its registered office in Katowice, address: ul. Bażantów 35, 40-668 Katowice, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000428080. Share capital: PLN 9,700,000.00 paid in full, REGON 242959643, NIP 9542738327.
• Online Store – an organized IT platform for the presentation and sale of Goods run by EYE MINGE, via the eva websiteminge.com.
• Customer – an entity, including a consumer, purchasing Goods via the Online Store.
• Goods – a product presented as intended for sale in the Online Store.
• Regulations – these Regulations.
• Order – an offer to purchase specifically marked Goods at the price displayed in the Online Store, submitted by the Customer to EYE MINGE, in accordance with the Regulations.
• Customer Account – the Customer’s personal data, including data on previous transactions and the status of the currently placed order, stored in the EYE MINGE IT system, access to which is protected by a login and password created by the Customer during registration.

III. GENERAL PROVISIONS

1. evaminge.com, via the Online Store, presents marked Goods along with the unit price of each of them.
2. Information about Goods intended for sale placed in the Online Store does not constitute an offer within the meaning of Article 66§1 of the Civil Code, but a price list and an invitation for the Consumer to place an Order in accordance with the unit price of the Goods and the terms of the Regulations.
3. The sale and delivery of Goods via the Online Store covers only the territory of the Republic of Poland.
4. The condition for using the Online Store is to read and accept these Regulations.
5. evaminge.com, upon receiving the Order, acts in confidence that:
6. Customers can contact the Online Store at the following e-mail address: shop@evaminge.com
7. In order to properly use the Online Store, the user (Customer) should have computer hardware and software that meet the following minimum requirements:

IV. GOODS

1. Each Product presented for sale via the Online Store contains a sample photograph typical of its type and, in the appropriate tab, information about its properties, i.e.: the colors and materials from which it was made, and the specific Product reference number.
2. Each Product presented for sale in the Online Store is the property of evaminge.com, is brand new, free from physical and legal defects, and admitted to trading in the territory of the Republic of Poland.
3. The Goods presented in the photographs in the Online Store are examples of generically identical Goods and are presented as closely as possible to their actual appearance. The photographs reflect the colors and appearance of the Goods as accurately as possible. Due to the individual settings or parameters of the user's monitor, there may be slight differences between the photograph and the actual color of the Goods.

V. ACCEPTING AND PLACING ORDERS

1. Orders in the Online Store can be placed 24 hours a day, 7 days a week, exclusively via the website eyeminge.com.
2. Making a purchase in the Online Store does not require creating a Customer Account, but you are required to provide basic data enabling contact and shipment of the Goods.
3. Placing an Order in the Online Store requires completing the following steps. To place an Order, the Customer selects the type, model, color, size, and quantity of Goods from among the available Goods, at the price indicated on the Website. The selection is made through dialog boxes on the Online Store website, in accordance with their functionality, including clicking the "add to cart" icon. The Customer also selects the payment method. After selecting the Goods, providing the required data, and selecting the payment method, the Customer submits the Order to evaminge.com by clicking "CONFIRM PURCHASE." Submitting a correctly completed Order constitutes an offer to evaminge.com to purchase the selected Goods in accordance with the evaminge.com price list and covering the shipping costs.
4. After placing an Order, the Customer will receive a return email to the address they provided, confirming acceptance of the Order, specifying the quantity, type, and value of the Order, as well as a unique Order number. The email received by the Customer also confirms that the offer to purchase the Goods was submitted correctly, reached the evaminge.com Online Store, and accepted in accordance with the Terms and Conditions, thus concluding a sales contract. The information regarding acceptance of the offer by evaminge.com will include confirmation of the contract, including the seller's address, the date of sale, the quantity of the Goods, their price, and delivery costs.
5. At any stage of placing an Order, until it is shipped, it can be cancelled by interrupting the ordering process by removing previously added goods from the basket.
6. A necessary condition for the execution of a sales contract via the Online Store is the provision of the correct ordering entity, delivery address, telephone number, and email address. In the event of incorrect data, evaminge.com reserves the right to contact the Customer.
7. The price lists for Goods on the Online Store website are subject to change. The price of the Goods binding on the Customer and evaminge.com is the price listed at the time the Customer places the Order.
8. The maximum value of Goods covered by one Cash on Delivery Order may not exceed PLN 3,000 (three thousand zlotys).

VI. PRODUCT PRICES AND DELIVERY COSTS

1. The price for each Product presented in the Online Store is given in Polish zloty and includes VAT, but does not include delivery costs.
2. Information on the total value of the order, including delivery costs, is presented in the Basket after the Customer selects the payment method.
3. Any changes introduced in the prices of Goods in the Online Store will not affect the Order already placed by the Customer and accepted by evaminge.com.
4. Promotions in the evaminge.com Store cannot be combined unless the terms and conditions of a given promotion state otherwise.

VII. PAYMENT METHODS

1. The Online Store Customer may choose the following payment methods for the ordered Goods:

• BY PAYMENT CARD (Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic) or ELECTRONIC TRANSFER. In such a case, the Customer will be redirected to the BLUEMEDIA.pl website, owned by Blue Media. S.A. with its registered office in Sopot at 6 Powstańców Warszawy Street, registered in the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under number 0000320590, with the share capital of PLN 2 000 000 (fully paid up), Tax Identification Number (NIP): 585-13-51-185; entered in the register of payment service providers under number IP17/2013, in the register of lending institutions under number RIP000109, in the register of credit intermediaries under number RPK002057, in the register of telecommunications entrepreneurs under number 11050.
• Payment card via First Data's online payment system. Order processing takes place after payment authorization in the operator's system. Transaction security is ensured by PCI DSS, SSL, and 3D Secure technologies.
• REGULAR TRANSFER: Selecting this payment method allows you to make payment at any time, up to 7 days from the date of order placement. Order fulfillment occurs after payment is credited to the store's corporate account. After placing your order, you will receive an email with the bank account number to which the payment should be transferred.
• CASH ON DELIVERY: Payment for the Goods is made upon delivery – cash payment is made to the courier upon receipt. This payment method is only available if you choose DPD courier delivery.

1. The Customer cannot combine different payment methods in one Order.
2. The order will be placed incorrectly and the Sales Agreement will not be concluded in each case when:

VIII. ORDER PROCESSING TIME AND DELIVERY

1. All accepted Orders are delivered to the Customer by the courier company DPD or the postal operator InPost S.AND.
2. Each Product, in accordance with the Online Store's functionality, is provided with a maximum order processing time by the Online Store, with the specified time covering Monday through Friday. Order processing times vary depending on the selected payment method. The Order processing time begins:
3. The time of order fulfillment by the Online Store should be added 1 day for delivery of the Goods.
4. All customers will be notified via email about the current status of their order. Additionally, customers with a Customer Account can find order information in the MY ACCOUNT - Your Orders tab on the website. eyeminge.com.
5. By default, the delivery address is the address provided by the Customer during registration in the store.
6. If the Customer receives the Goods in damaged packaging, it is recommended to describe this fact upon receipt of the shipment from the courier and report it to an evaminge.com employee via e-mail to the following address: shop@evaminge.com
7. In case of unforeseen situations, evaminge.com will inform the Customer about the problem and how to solve it via e-mail to the address provided in the Order.

IX COMPLAINT

1. evaminge.com is responsible for physical and legal defects of the Goods, in accordance with applicable regulations, including the Act of 23 April 1964 – the Civil Code (Journal of Laws of 2014, item 121) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014, item 827).
2. In particular, evaminge.com is liable for physical defects of the Goods existing at the time of transfer of risk to the Customer or resulting from a cause inherent in the Goods sold at the same time, consisting in the non-conformity of the Goods with the contract.
3. The customer may use out-of-court complaint and redress mechanisms. To avail themselves of the possibility of amicable dispute resolution regarding online purchases, the consumer may submit their complaint, for example, via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
4. When submitting a complaint, the customer may use the complaint form (click here).
5. In the event of a Complaint, evaminge.com recommends returning the Goods in their original packaging, with the original proof of purchase and a description of the complaint attached, to the registered office address.
6. The evaminge.com store will consider complaints within 14 days of receiving the complaint.
7. If the complaint is accepted, the defective goods will be repaired or replaced with another, full-value product, at the Consumer's discretion, and if this is no longer possible (for example, due to stock depletion) or would require excessive costs, then evaminge.com, in consultation with the Customer, will refund the equivalent of the price of the Goods to the Customer or reduce the price or, with the Customer's consent, will offer the Customer other goods available in the evaminge.com Store to choose from.
8. If the sale is made to the Customer as part of a transaction that does not meet the definition of a consumer sale within the meaning of the laws specified in paragraph 1 above, the complaint will be considered in accordance with the relevant provisions of the Civil Code. In such a case, specific provisions regarding consumer protection do not apply.
9. Please send questions and notifications regarding complaints to the following email address: shop@evaminge.com
10. Complaints regarding the provision of services electronically (e.g. problems with account registration) should be reported to the following address: shop@evaminge.com

X WITHDRAWAL FROM THE CONTRACT

1. Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 24 June 2014, item 827), a Customer who is a consumer concluding a distance contract has the right to withdraw from the contract without giving any reason, within 14 days of receipt of the Goods and immediately return the purchased Goods in unaltered condition. The declaration of withdrawal should be sent to evaminge.com shop@evaminge.com
2. A customer wishing to withdraw from the contract has the right to use the withdrawal declaration form.
3. In the event of withdrawal from the contract, the Customer shall not bear any costs, except for the costs of returning the Goods to the Store.
4. The Customer is obliged to immediately, no later than within 30 days of withdrawal from the contract, return the Goods, preferably together with a copy of the declaration of withdrawal, to the address of the EYE MINGE registered office with the note "RETURN evaminge.com".
5. Exceeding the 30-day withdrawal period will constitute grounds for rejecting the withdrawal from the contract.
6. The refund of the price, if paid, will take place in the manner indicated in Chapter XI of the Regulations (“Refund to Customers”).

XI. REFUNDING CUSTOMERS

1. The evaminge.com store will immediately refund the payment in the event of:
2. evaminge.com will refund the payment using the same payment method that the Customer used when purchasing the goods, unless the Customer has expressly agreed to a different refund method that does not involve any costs for him.
3. The evaminge.com store will refund the payment within the deadlines specified in mandatory legal provisions.

XII. PERSONAL DATA

1. By placing an order in the Online Store (upon accepting these terms and conditions), the Customer consents to the inclusion of their personal data in the evaminge.com customer database and to their processing for the purposes of fulfilling the contract. Providing personal data by the Customer is voluntary, but failure to consent to the processing of personal data will prevent the Customer's order from being fulfilled.
2. Customers of the evaminge.com store and other users of the eyeminge.com website have the opportunity to voluntarily consent to receiving commercial information from the evaminge.com Store within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 02.144.1204, as amended).
3. Personal data obtained via the eyeminge.com website are protected in accordance with the Personal Data Protection Act of 10 May 2018, and in accordance with 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), hereinafter referred to as "GDPR", in a way that prevents access by third parties. The controller of personal data is Eva Minge Design Sp z o. o. with its registered office in Katowice, address: ul. Bażantów 35, 40-668 Katowice, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000428080. Share capital: PLN 9,700,000.00, fully paid up, REGON 242959643, NIP 9542738327. Customers have the right to inspect and amend their personal data and to have them deleted. The data will be used for purposes in accordance with the consent granted by the Customer, i.e. to complete the Order and, in the case of consent to receive commercial information, to send such information.
4. Scope of personal data processed:
5. If the Customer chooses payment via the system:
6. After the Customer selects the Goods they wish to purchase through the evaminge.com Online Store, the IT system supporting the Online Store will present the Customer with a personal data protection notice, the content of which is consistent with Appendix 1 to these Terms and Conditions, as well as the content of these Terms and Conditions. If the Customer accepts these Terms and Conditions and consents to the processing of their personal data for the purpose of ordering the Goods, the Customer selects (by clicking) the first and second boxes of the "evaminge.com Online Store Customer Declaration" form, the content of which is specified in Appendix 1 to these Terms and Conditions. Selecting both boxes is voluntary, and failure to accept the Terms and Conditions or consent to the processing of personal data is treated as a cancellation of the placed order (no sales contract is concluded or the order is fulfilled). Only after the Customer selects the form accepting the Terms and Conditions and the form consenting to the processing of personal data, the Online Store system will prompt the Customer to provide the personal data necessary to conclude the sales contract and complete the order. The Customer also has the option to select the third box (consent to receive commercial information electronically). However, selecting this consent is voluntary, and failure to select this form does not prevent the order from being completed.
7. The Customer also has the option of creating a Customer Account, i.e., providing the Customer's personal data, which will be automatically saved in the evaminge.com IT system, along with data on previous transactions and the status of the current order. Access to the Customer Account is protected by a login and password created by the Customer during the registration process. Creating a Customer Account does not require providing Customer data each time an order is placed (the system will automatically retrieve the Customer's data stored in the Customer Account). However, it does require providing Customer data, which will be saved in the evaminge.com IT system. Providing data used to create a Customer Account is voluntary, and the creation of a Customer Account is only possible after the Customer accepts (electronically) the first and second squares of the "evaminge.com Online Store Customer Declaration" form, with the content specified in Appendix 1 to these Terms and Conditions. Checking both of the above boxes is voluntary, and failure to accept the Terms and Conditions or consent to the processing of personal data is treated as a refusal to create a Customer Account. Only after the Customer selects the forms accepting the Terms and Conditions and consenting to the processing of personal data will the Online Store's system allow the creation of a Customer Account. The Customer also has the option to select the third box (consent to receiving commercial information electronically). However, checking this consent is voluntary, and failure to select this form does not prevent registration of a Customer Account.
8. Data subject rights. Under the GDPR, you have the right to:

XIII. FINAL PROVISIONS

1. The sales agreement is concluded between the Customer and evaminge.com in Polish and is governed by Polish law. The essential provisions of the concluded agreement are consolidated, secured, and made available by providing the Customer with an email acceptance of the order and a VAT invoice sent with the Goods. The invoice contains all the elements required by tax regulations, including the seller's and buyer's details, the Goods, the price, and the quantity of the Goods purchased. Acceptance of these Terms and Conditions by the Customer who is also a consumer is equivalent to submitting a request for an invoice documenting the sale.
2. To use the Store's services, the Customer is obliged to obtain access to the Internet and use the devices and software necessary to display websites.
3. These Regulations do not limit the rights granted to consumers by the legislation in force in the Republic of Poland.
4. All rights to the photos and video materials posted on the eyeminge.com website belong to evaminge.com. Their use in any form of exploitation is prohibited.