Regulamin

Terms and Conditions of the www.ivamats.com online store

§ 1 General Provisions

  1. The www.ivamats.com store operates under the terms and conditions set out in these Regulations.
  2. The Regulations define the terms and conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.ivamats.com store, the rules for providing these services, and the terms and conditions for concluding and terminating agreements for the provision of services by electronic means.
  3. Every Service Recipient, upon taking steps to use the Electronic Services of the www.ivamats.com store, is obliged to comply with the provisions of these Regulations.
  4. Variations in product colour.
    The colours presented on the website are for illustrative purposes only and may differ from the actual shades of the product.
    This is due to:
    • individual settings of monitors and device screens (e.g. brightness, contrast, colour temperature),
    • the type of lighting when viewing the product (natural, artificial),
    • the specific nature of the EVA material, the structure and texture of which may affect colour perception.
    These differences do not constitute grounds for a product complaint, provided that the product meets the other agreed parameters (dimensions, workmanship, design, etc.).
  5. In matters not regulated by these Regulations, the following provisions shall apply:
    1. the Act on the Provision of Services by Electronic Means of 18 July 2002,
    2. the Consumer Rights Act of 30 May 2014,
    3. the Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016,
    4. the Civil Code Act of 23 April 1964,
    5. and other relevant provisions of Polish law.

§ 2 Definitions contained in the Regulations

  1. REGULATIONS – these store regulations.
  2. STORE – the Service Provider's online store operating at www.ivamats.com
  3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
  4. CONTACT FORM – a form available on the www.ivamats.com website allowing messages to be sent to the Service Provider.
  5. QUOTE FORM – a form available on the www.ivamats.com website allowing an individual quote to be received from the Service Provider.
  6. ORDER FORM – a form available on the www.ivamats.com website allowing an Order to be placed.
  7. REVIEW SYSTEM – an Electronic Service made available to Customers by the Service Provider, allowing reviews of Products to be posted.
  8. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe to and receive free information from the Seller regarding Products available in the Store at the e-mail address provided by the Service Recipient.
  9. SELLER, SERVICE PROVIDER – EVAMATS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register under KRS number: 0000960954, place of business and address for service: ul. Strzelca 42, 80-299 Gdańsk, NIP: 5862378667, REGON: 521519084, e-mail address: sklep@ivamats.com, telephone number: +48 732 082 512.
  10. SERVICE RECIPIENT – a natural person, legal person or an organisational unit without legal personality, to which the law grants legal capacity, using an Electronic Service.
  11. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  12. CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity.
  13. ENTREPRENEUR – a natural person, legal person and an organisational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity in their own name.
  14. PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
  15. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
  16. ORDER – a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
  17. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.
  18. DISCOUNT CODE – a string of alphanumeric characters made available by the Seller, entitling the Customer to reduce the Price of the Product or Order under the conditions specified in point 11 § 3 of the Regulations.

§ 3 Information regarding Products and ordering them

  1. The www.ivamats.com store sells Products via the Internet.
  2. Products offered in the Store are new, manufactured to individual order and according to the specification chosen by the Customer, in accordance with the agreement and have been legally introduced to the Polish market.
  3. Information about Products presented in the Store, including their descriptions and prices, constitutes an invitation to conclude an agreement within the meaning of Art. 71 of the Civil Code, unless the content of the information clearly indicates otherwise. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions given in its description, within the meaning of Art. 66 § 1 of the Civil Code.
  4. The Price of the Product shown on the Store's website is given in Polish Zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
  5. The Price of the Product shown on the Store's website is binding at the time the Customer places the Order. This price will not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer has placed the Order.
  6. The Seller clearly informs Customers about unit Prices and promotions and reductions in Product Prices. Alongside information about a Product reduction, the Seller displays the lowest Price of that Product that was in effect during the 30 days before the reduction was introduced, and if the Product is offered for sale for a period of less than 30 days – the Seller displays the lowest Price of the Product that was in effect during the period from the day the Product was first offered for sale until the day the reduction was introduced.
  7. Orders can be placed:
    1. via the website using the Order Form (www.ivamats.com store) – 24 hours a day, all year round,
    2. via e-mail to the address: sklep@ivamats.com,
    3. via the Quote Form,
    4. by phone or via SMS (charges apply according to the operator's rates),
    5. via social media portals Facebook, Messenger, Instagram, TikTok, WhatsApp.
  8. A condition for placing an Order in the Store by the Customer is reading the Regulations and accepting their provisions at the time of placing the Order.
  9. Products on promotion (sale) have a limited number of items and Orders for them will be fulfilled in the order they are received until stocks of a given Product are exhausted.
  10. Prohibited activities and improper use of EVA car mats.
    To ensure long-term use and avoid damage to EVA car mats, the following recommendations must be followed:
    • Avoid contact with sharp objects – do not use sharp tools such as knives, scissors or sharp footwear tips (e.g. high heels), which may puncture or cut the structure of the car mat.
    • Do not use pressure washers at close range – when cleaning car mats with a pressure washer, maintain a minimum distance of 20 cm between the nozzle and the surface of the car mat. Using it too close may cause damage to the material.
    • Avoid exposure to extreme temperatures – do not expose car mats to direct strong heat sources (e.g. heaters, heat guns). EVA is resistant to low temperatures, but may deform under the influence of high temperatures above 80°C.
    • Do not use hard brushes or abrasive tools – brushes of medium hardness can be used. Avoid tools with sharp edges that may mechanically damage the surface.
    • Do not modify or trim the car mats – the car mats are designed and manufactured according to the vehicle specification. Independent modifications, such as trimming or punching holes, may lead to their damage and void the warranty.

Discount codes and promotions

11. Discount codes and rules for their use in the Store

  1. 11.1. The Seller may make discount codes available to Customers (hereinafter referred to as "Discount Codes") entitling them to reduce the Price of a Product under conditions specified each time by the Seller.
  2. 11.2. A Discount Code may be one-time or multi-use, a fixed amount or percentage, generally available or individual (assigned to a specific Customer or e-mail address), and may also be limited by an expiry date, a minimum Order value or a specific range of Products.
  3. 11.3. Within a single Order, the Customer may use a maximum of 3 (three) Discount Codes. An attempt to apply a larger number of Discount Codes does not produce legal effects regarding the surplus above this limit, regardless of whether the Store's IT system technically allowed them to be entered.
  4. 11.4. Discount Codes cannot be combined with other promotions, reductions, sales or discounts in force in the Store, unless the terms of a given promotion clearly state otherwise. In the case of several discounts being in force simultaneously, the Customer may use the variant most favourable to them.
  5. 11.5. Discount Codes are not exchangeable for cash or other benefits. The unused part of the value of a Discount Code is not refundable.
  6. 11.6. Discount Codes do not cover delivery costs, unless their specific regulations state otherwise.
  7. 11.7. In the event that, as a result of a technical error, system failure, unauthorised use or other cause beyond the Seller's control, more than 3 (three) Discount Codes are used within a single Order or Discount Codes are applied contrary to the rules specified in this paragraph, the Seller is entitled to:
    1. contact the Customer to correct the Order value and determine the correct Price in accordance with the provisions of the Regulations,
    2. cancel the excess Discount Codes while retaining a maximum of 3 (three) most favourable to the Customer,
    3. withdraw from the Sales Agreement within 5 working days from the date of its conclusion, in the event of the Customer not accepting the corrected Order value; in such a case, the Seller shall immediately return to the Customer any payments made by them.
  8. 11.8. The provisions of point 11.7 do not infringe the rights of the Consumer and the entity referred to in § 11 of the Regulations, resulting from mandatory provisions of law, in particular from the Consumer Rights Act of 30 May 2014.
  9. 11.9. The Seller reserves the right to invalidate a Discount Code in the event of its use contrary to its intended purpose, in particular in the event of attempts to circumvent the limit specified in point 11.3, use of a Discount Code by an unauthorised person or in a manner bearing the hallmarks of abuse of rights.
  10. 11.10. Detailed conditions of individual Discount Codes (validity period, minimum Order value, product exclusions and others) are indicated each time by the Seller at the moment of making a given Code available.

§ 4 Data verification and acceptance of an order for processing

  1. Information about Products presented in the Store, including their descriptions and prices, constitutes an invitation to conclude an agreement within the meaning of Art. 71 of the Civil Code, unless the content of the information clearly indicates otherwise. Placing an Order by the Customer constitutes an offer to conclude a Sales Agreement within the meaning of Art. 66 § 1 of the Civil Code.
  2. The Sales Agreement is concluded at the moment the Seller sends the Customer confirmation of acceptance of the Order for processing, in accordance with Art. 70 § 1 of the Civil Code. An automatic message confirming receipt of the Order does not mean acceptance of the Order for processing, but only confirms that the Order has reached the Seller's system.
  3. The Customer is obliged to provide true, current and complete data necessary for the execution of the Order, in particular the first and last name, delivery address, e-mail address and contact telephone number. This obligation arises from the necessity of cooperation between the parties in the performance of the obligation, referred to in Art. 354 § 2 of the Civil Code, and from the obligation of the buyer to collect the item resulting from Art. 535 § 1 of the Civil Code.
  4. If the data provided by the Customer is incomplete, incorrect, prevents the proper execution of the Order or raises reasonable doubts as to its correctness, the Seller may withhold acceptance of the Order for processing and ask the Customer to confirm or supplement it. This action results from Art. 354 § 1 and § 2 of the Civil Code, according to which the obligation should be performed in accordance with its purpose and with the cooperation of both parties.
  5. In the absence of confirmation or supplementation of the correct data within the time limit indicated by the Seller, not shorter than 48 hours from sending the message to the Customer, the Seller may refuse to accept the Order for processing for a justified reason. If the Order has been paid for in advance, the Seller will return the received funds to the Customer immediately, using the same payment method used by the Customer, unless the parties agree on a different method of refund. The basis for the refund of funds is the non-conclusion of the Sales Agreement or, respectively, the obligation to return the performance resulting from Art. 405 of the Civil Code or Art. 494 § 1 and § 2 of the Civil Code.

§ 5 Conclusion of the Sales Agreement

  1. To conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the methods made available by the Seller in accordance with § 3 points 7 and 8 of the Regulations.
  2. After placing an Order, the Seller immediately confirms its receipt. The confirmation of receipt of the Order, referred to in the previous sentence, does not constitute acceptance of the Order for processing within the meaning of § 4 of the Regulations and does not result in the conclusion of a Sales Agreement, but only confirms that the Order has reached the Seller's system.
  3. Binding acceptance of the Order for processing and conclusion of the Sales Agreement takes place in accordance with the rules specified in § 4 point 2 of the Regulations, i.e. at the moment the Seller sends the Customer a separate confirmation of acceptance of the Order for processing. Confirmation of acceptance of the Order for processing may be delivered by phone, by sending an e-mail, SMS or via social media portals Facebook, Instagram, TikTok, WhatsApp.
  4. In the case of placing an Order using one of the methods referred to in § 3 points 7.2 or 7.3, the Sales Agreement is concluded at the moment the Customer accepts the offer sent by the Seller in response to the Customer's enquiry.
  5. The confirmation of acceptance of the Order for processing contains:
    1. confirmation of all essential elements of the Order,
    2. a withdrawal form,
    3. these Regulations containing instructions on the right to withdraw from the agreement.
  6. Proof of purchase.
    1. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form,
    2. The Customer agrees to receive the proof of purchase in the form of an electronic receipt via the www.eparagony.pl service.
  7. The Seller proceeds to execute the Order only on the condition that the Customer provides: all necessary information regarding their car and the ordered Product (contained in the configurator available on the Store's website), as well as sending the Seller photos of the floor of the car for which the Product is being ordered and the Customer paying the appropriate advance or the full Price for the Product.
  8. The Customer is obliged to fulfil the obligations referred to in point 7 of this paragraph within 5 working days from the moment of concluding the Sales Agreement, otherwise the Seller will be entitled to withdraw from the Sales Agreement on the basis of § 9 point 5 of the Regulations.
  9. The Seller only proceeds to cut the material for the Product after receiving the advance or the Price of the Product.

§ 6 Payment methods

  1. The Seller makes the following payment methods available:
    1. payment by traditional bank transfer to the Seller's bank account,
    2. payment via an electronic payment system (Stripe, BLIK, Przelewy24) or by payment card via the service,
    3. payment on delivery to the supplier, i.e. so-called cash on delivery.
  2. In the case of payment by traditional bank transfer, payment should be made to the bank account number: 78 2490 0005 0000 4530 1376 8507 (Bank Alior Bank S.A.) EVAMATS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Strzelca 42, 80-299 Gdańsk, NIP: 5862378667. The order number, e-mail, car make and model should be entered in the transfer title.
  3. In the case of payment via an electronic payment system, the Customer makes payment before the start of the Order execution. The electronic payment system allows payment by credit card or quick transfer from selected Polish and foreign banks.
  4. In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data and the customer making an advance payment. The Customer is obliged to pay for the Order and collect the Product from the supplier.
  5. The Customer is obliged to pay the Price under the Sales Agreement within 5 working days from the date of its conclusion, unless the Sales Agreement states otherwise.
  6. In the case of choosing the payment methods described in points 1.1 and 1.2 of this paragraph, the Product will be sent only after it has been paid for.

§ 7 Cost, time and methods of Product delivery

  1. The costs of Product delivery, which are covered by the Customer, are determined during the Order placement process and depend on the choice of payment method and the delivery method of the purchased Product.
  2. The Product delivery time consists of the time for completing the Product and the time for delivery of the Product by the carrier:
    1. the time for completing the Products is 14 working days from the moment the Customer provides all necessary information, the requirement for which the Seller will notify them of, and also from the moment:
      1. the funds paid under the Sales Agreement are credited to the Seller's account,
      2. or positive authorisation of the transaction by the electronic payment system,
      3. or acceptance of the Order for processing by the Seller and the Customer making an advance payment in the case of choosing payment on delivery.
    2. The delivery (transport) time carried out by the carrier is calculated from the moment the parcel is dispatched and is approximately: InPost Courier / Parcel Locker: 1–3 working days from the moment the parcel is dispatched (delivery takes place only on working days, excluding Saturdays, Sundays and public holidays).
    3. In periods of increased production load (e.g. season, promotions, holidays or operational circumstances) the lead time may be extended. In such a case, the Seller informs the Customer about the updated lead time and allows withdrawal from the agreement in accordance with applicable regulations.
  3. Products purchased in the Store are sent via Poczta Polska, InPost, parcel lockers or another courier company.

§ 8 Product complaint

  1. Complaint under warranty.
    1. All Products offered in the Store have a Seller's warranty valid in the territory of the Republic of Poland,
    2. the warranty period for Products is 12 months and is calculated from the day the Product is delivered to the Customer,
    3. the document entitling to warranty protection is the warranty card or proof of purchase,
    4. the guarantor's data, detailed information about goods covered by the warranty, data regarding the duration and conditions of the warranty, as well as the rights to which the Customer is entitled under the warranty – are contained in the warranty card attached to the Product or made available on the Store's website,
    5. the warranty does not exclude the rights of the Consumer and the entity referred to in § 11 of the Regulations due to non-conformity of the Product with the Sales Agreement specified in the Consumer Rights Act, which are vested in the Consumer and the entity referred to in § 11 by law.
  2. Complaint due to lack of conformity of the Product with the agreement.
    1. The basis and scope of the Seller's liability towards a Customer who is a Consumer or an entity referred to in § 11 of the Regulations due to lack of conformity of the Product with the agreement are specified in the Consumer Rights Act of 30 May 2014,
    2. the basis and scope of the Seller's liability towards a Customer who is an Entrepreneur, referred to in § 10 due to warranty for defects are specified in the Civil Code Act of 23 April 1964,
    3. the Seller is liable to a Customer who is a Consumer or an entity referred to in § 11 of the Regulations for a lack of conformity of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on their behalf is longer,
    4. notifications about the lack of conformity of the Product with the agreement and submission of an appropriate request can be made via e-mail to the address: reklamacje@ivamats.com or in writing to the address: ul. Strzelca 42, 80-299 Gdańsk,
    5. in the above message in written or electronic form, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of the irregularity and contact details. The provided information will significantly facilitate and speed up the consideration of the complaint by the Seller,
    6. for the assessment of irregularities and non-conformity of the Product with the agreement, the Consumer or the entity referred to in § 11 of the Regulations are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense,
    7. the Seller will respond to the Customer's request immediately, no later than within 14 days from the moment of its receipt, if the complaint requires additional explanations or expert opinion, the consideration period may be extended. In such a case, the Manufacturer will inform the consumer about the extension of the period and the expected waiting time for a response,
    8. in the case of a complaint by a Customer who is a Consumer or an entity referred to in § 11 of the Regulations – failure to consider the complaint within 14 days from its submission is tantamount to its acceptance, if the complaint requires additional explanations or expert opinion, the consideration period may be extended,
    9. a Customer who is a Consumer or an entity referred to in § 11 may demand first of all replacement or repair of the Product by the Seller. The Customer may demand a price reduction and withdrawal from the agreement only in cases indicated in the Consumer Rights Act of 30 May 2014 (e.g. in the case where the non-conformity of the goods with the agreement is significant, when the Seller has refused to bring the goods into conformity with the agreement or when the lack of conformity of the goods with the agreement persists, despite the fact that the seller has already tried to bring the goods into conformity with the agreement),
    10. In connection with a justified complaint by a Customer who is a Consumer or an entity referred to in § 11 of the Regulations, the Seller accordingly:
      1. covers the costs of repair or replacement and re-delivery of the Product to the Customer,
      2. reduces the price of the Product (the reduced Price must remain in proportion to the Price of the goods in conformity with the agreement to the goods not in conformity with the agreement) and returns to the Consumer or the entity referred to in § 11 the value of the reduced Price no later than within 14 days from receiving the declaration on price reduction from the Consumer or the entity referred to in § 11,
      3. in the case of withdrawal from the agreement by the Consumer or the entity referred to in § 11 – the Seller returns the Price of the Product to them no later than within 14 days from the day of receiving the returned goods or proof of its dispatch. In the event of withdrawal from the agreement, the Consumer or the entity referred to in § 11 is obliged to immediately return the goods to the Seller at the Seller's expense,
    11. the response to the complaint is provided on paper or another durable medium, e.g. an e-mail or SMS message.
    12. Variations in product colour.
      The colours presented on the website are for illustrative purposes only and may differ from the actual shades of the product.
      This is due to:
      • individual settings of monitors and device screens (e.g. brightness, contrast, colour temperature),
      • the type of lighting when viewing the product (natural, artificial),
      • the specific nature of the EVA material, the structure and texture of which may affect colour perception.
      These differences do not constitute grounds for a product complaint, provided that the product meets the other agreed parameters (dimensions, workmanship, design, etc.).
  3. Procedure for handling complaints resulting from incorrect technical data provided by the Customer.
    1. This procedure applies to complaint reports resulting from the Customer providing incorrect or incomplete technical data that affects the fit of car mats, in particular such as: engine type, year of manufacture, body version, number of doors, floor layout or other vehicle features.

    3.1 Customer Liability

    1. The Customer is responsible for the correctness, completeness and compliance with the actual state of all technical data provided in the order form or provided to the Seller in another way.
    2. Products made on the basis of technical data provided incorrectly by the Customer are treated as products made in accordance with the Customer's order and are not subject to return or exchange under the right of withdrawal from the agreement, as goods manufactured to individual order, subject to the Customer's rights resulting from regulations regarding non-conformity of goods with the agreement in the event of a manufacturing defect.

    3.2 Data verification before starting production

    1. In the event that the Seller has doubts about the correctness or completeness of the technical data provided by the Customer (in particular in the case of non-standard vehicle versions, discrepancies in years or configurations), the Seller will attempt to contact the Customer to confirm them.
    2. If the Customer does not respond to the contact attempt within 3 working days from the day the message was sent (e-mail, SMS or telephone contact), the order will be fulfilled in accordance with the data originally provided by the Customer, and the Customer bears responsibility for any potential mismatch of the Product.

    3.3 Procedure in the event of a complaint report

    1. A complaint is not considered justified if the car mats were made in accordance with the technical data provided by the Customer, and the reported irregularities result solely from incorrect data provided by the Customer.
    2. In such a case, the Customer may use one of the compensatory solutions specified in point 3.4 of the Regulations.

    3.4 Compensatory solutions

    Option A – production of a new set with a discount

    1. The Customer is entitled to the possibility of producing a new set of car mats with a discount depending on the value of the original order, in accordance with the table below:
      • from 0 to 500 PLN – 20% discount
      • from 501 to 800 PLN – 30% discount
      • from 801 to 1000 PLN – 40% discount
      • above 1001 PLN – 50% discount
    2. A condition for the production of a new set under this option is the Customer making a 100% advance payment of the determined amount before the start of production.

    Option B – production of a new set as part of the next order

    1. In the event of the Customer placing a new order for another vehicle, the value of which is equal to or higher than the value of the original order, the Seller:
      • produces a new, corrected set of car mats for the original vehicle,
      • fulfils the new set of car mats in accordance with the new order,
      • collects the originally produced, incorrectly fitted set from the Customer.
    2. The returned set may be used by the Seller for further sales or marketing activities, after prior acceptance by the Customer of the terms of this solution, without the Customer's right to further claims in this respect.
    3. The production of the new corrected set and the new order takes place after 100% payment for both sets is credited.

    3.5 Documentation

    1. Each case of a complaint report resulting from incorrect Customer data is registered in the Seller's CRM system or sales system along with a description of the situation and the applied solution.
    2. The Customer receives confirmation of the accepted terms by e-mail or on another durable medium.

    3.6 Final provisions

    1. Complaints resulting solely from errors in technical data provided by the Customer are not treated as a Product defect or as non-conformity of the Product with the agreement.
    2. Each case may be individually assessed by the sales or customer service department manager within the limits of applicable law.
    3. These provisions apply to orders placed from the date the Regulations enter into force.
  4. Quantity shortages or incompleteness of the parcel.
    1. The Customer is obliged to check the completeness of the parcel immediately after receiving it, in particular in terms of quantity shortages, lack of additional elements, accessories, assembly parts or freebies attached to the order.
    2. Quantity shortages or incompleteness of the parcel should be reported to the Seller within 14 days from the day of receiving the parcel, via e-mail to the address: reklamacje@ivamats.com or in writing to the Seller's registered office address.
    3. Reports made after the expiry of the period indicated in point 4.2 may be left without consideration if the delay prevents the Seller from verifying the completeness of the order or determining the causes of the shortages.
    4. In order to consider the report, the Seller may request the Customer to provide photographic documentation including in particular:
      1. the condition of the outer packaging at the time of delivery,
      2. the contents of the parcel,
      3. visible damage to the packaging (if any).
    5. The provisions of this point do not limit the rights of the Customer who is a Consumer or an entity referred to in § 11 of the Regulations, resulting from the provisions on the lack of conformity of the Product with the agreement.
    6. Additional elements and freebies attached to the order do not constitute a separate subject of the Sales Agreement and are not subject to independent complaint after the expiry of the period indicated in point 4.2 of this paragraph.

§ 9 Right to withdraw from the agreement

  1. Subject to point 4 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 11 of the Regulations, who has concluded a distance agreement, may withdraw from it without giving a reason by submitting an appropriate declaration within 14 days.
  2. In the event of withdrawal from the agreement, the Sales Agreement is considered not concluded.
  3. The fourteen-day period in which the Consumer or the entity referred to in § 11 of the Regulations may withdraw from the agreement is calculated:
    1. for an agreement in the performance of which the Seller delivers a Product, being obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 11 of the Regulations (or a third party indicated by them other than the carrier) took possession of the Product,
    2. for an agreement that includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, its batch or part,
    3. for an agreement consisting of regular delivery of a Product for a specified time – from taking possession of the first of the Products,
    4. for other agreements – from the day of concluding the agreement.
  4. In accordance with Art. 38 of the Consumer Rights Act, the right to withdraw from a distance agreement is not available to the Consumer or the entity referred to in § 11 of the Regulations, among others, in the case of a Sales Agreement:
    1. in which the subject of the performance is a non-prefabricated good, manufactured according to the consumer's specification or serving to satisfy their individualised needs (e.g. EVA car mats made to the Customer's individual order),
    2. in which the subject of the performance is a good delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery,
    3. in which the subject of the performance are goods that, after delivery, due to their nature, are inseparably connected with other things,
    4. for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the performance that after the performance by the entrepreneur, they would lose the right to withdraw from the agreement and acknowledged this.
  5. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in the event of the other party failing to perform their obligation under the agreement within a strictly defined time limit.
  6. If the Product was made to an individual order and has defects or is not in conformity with the agreement, the Customer has the right to file a complaint.
  7. In the case of a justified complaint, the Seller undertakes to:
    1. bring the Product into conformity with the agreement free of charge through its repair or replacement,
    2. if repair or replacement are impossible or excessively expensive – to reduce the price or return the full payment (in the case of withdrawal from the agreement by the Customer).
  8. In the case of standard products, such as cloths, protectors, car hangers and other non-personalised products, the customer has the full right to withdraw from the agreement on the terms specified in the Consumer Rights Act.
  9. The complaint procedure in full is specified in § 8 of the Regulations.
  10. Sending back the Product without the Seller's consent.
    In the event that the Customer sends the Product back to the company's registered office without prior agreement with the Seller (by e-mail or in writing), the following rules apply:
    1. The parcel is not automatically covered by the complaint procedure and remains at the registered office of Evamats Sp. z o.o. until further arrangements are made with the Customer.
    2. The Product may be sent back to the Customer after payment of a shipping fee in the amount of 27.00 PLN gross or collected in person at the company's registered office at the address: ul. Strzelca 42, 80-299 Gdańsk, during working hours.
    3. In the absence of a decision from the Customer within 30 days of receiving the Product, the company considers the Product abandoned, and the Seller reserves the right to dispose of or manage it, without the right to claims from the Customer.

    Legal basis: Art. 60 and 551 §1 of the Civil Code – lack of agreement on the terms of delivery of the Product does not oblige the Seller to collect it or return it.

§ 10 Provisions concerning entrepreneurs (B2B)

  1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection resulting from the Consumer Rights Act, referred to in § 11 of the Regulations.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 30 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims against the Seller on the part of the Customer who is not a Consumer.
  3. The Seller has the right to limit the payment methods made available to Customers who are not Consumers, including requiring an advance payment of part or all of the Sales Price regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
  4. Benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a Consumer at the moment the Seller hands the Product over to the carrier. In such a case, the Seller is not liable for loss, shortage or damage to the Product arising from the moment of acceptance of the Product for transport until its delivery to the Customer, as well as for delay in the transport of the parcel.
  5. In the case of sending the Product to the Customer via a carrier, a Customer who is not a Consumer is obliged to examine the parcel in the time and manner accepted for parcels of this type. If they find that a shortage or damage to the Product occurred during transport, they are obliged to perform all actions necessary to determine the carrier's liability.
  6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.

§ 11 Provisions concerning entrepreneurs with consumer rights

  1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the agreement they conclude with the Seller is directly related to their business activity, but the content of this agreement shows that it does not have a professional character for them, resulting in particular from the subject of the business activity they perform.
  2. A person conducting business activity, referred to in point 1 of this paragraph, is covered by protection only in the scope of:
    1. unfair contractual provisions,
    2. liability for lack of conformity of the Product with the agreement,
    3. the right to withdraw from a distance agreement,
    4. rules regarding an agreement for the supply of digital content or digital service.
  3. The entrepreneur referred to in point 1 of this paragraph loses the rights to consumer protection in the event that the Sales Agreement they concluded with the Seller has a professional character, which is verified on the basis of this entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the Polish Classification of Activity codes indicated there.
  4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer rights ombudsmen as well as the President of the Office of Competition and Consumer Protection (UOKiK).

§ 12 Type and scope of electronic services

  1. The Service Provider enables the use of Electronic Services via the Store, such as:
    1. concluding Product Sales Agreements,
    2. Quote Form,
    3. Review System,
    4. Newsletter,
    5. sending messages via the Contact Form.
  2. The provision of Electronic Services to Service Recipients in the Store takes place under the terms and conditions specified in the Regulations.
  3. The Service Provider has the right to place advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented in it.

§ 13 Conditions for the provision and conclusion of agreements for the provision of electronic services

  1. The provision of Electronic Services specified in § 12 point 1 of the Regulations by the Service Provider is free of charge.
  2. Period for which the agreement is concluded:
    1. the agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a specified time and terminates at the moment of placing the Order or the Service Recipient ceasing to place it,
    2. the agreement for the provision of an Electronic Service consisting of enabling the sending of messages to the Service Provider via the Quote Form is concluded for a specified time and terminates at the moment of sending the message or the Service Recipient ceasing to send it,
    3. the agreement for the provision of an Electronic Service consisting of using the Review System is concluded for a specified time and terminates at the moment of posting a review or the Service Recipient ceasing to use this Service,
    4. the agreement for the provision of an Electronic Service consisting of using the Newsletter is concluded for an indefinite period,
    5. the agreement for the provision of an Electronic Service consisting of enabling the sending of messages to the Service Provider via the Contact Form is concluded for a specified time and terminates at the moment of sending the message or the Service Recipient ceasing to send it.
  3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    1. computer (or mobile device) with Internet access,
    2. access to e-mail,
    3. web browser,
    4. enabling Cookies and Javascript in the web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, bearing in mind respect for personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data consistent with the actual state.
  6. The Service Recipient is prohibited from providing illegal content.

§ 14 Complaints related to the provision of electronic services

  1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the address: reklamacje@ivamats.com
  2. In the above e-mail message, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of the irregularity and contact details. The provided information will significantly facilitate and speed up the consideration of the complaint by the Service Provider.
  3. The Service Provider considers the complaint immediately, no later than within 14 days from the moment of submission.
  4. The Service Provider's response regarding the complaint is sent to the Service Recipient's e-mail address provided in the complaint report or in another manner provided by the Service Recipient.

§ 15 Conditions for terminating agreements for the provision of electronic services

  1. Termination of the agreement for the provision of an Electronic Service:
    1. the agreement for the provision of an Electronic Service of a continuous and indefinite nature (Newsletter) may be terminated,
    2. the Service Recipient may terminate the agreement with immediate effect and without giving reasons by sending an appropriate declaration via e-mail to the address: reklamacje@ivamats.com
    3. the Service Provider may terminate the agreement for the provision of an Electronic Service of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when they provide illegal content after an ineffective prior call to cease violations with a specified appropriate time limit. In such a case, the agreement expires after 7 days from the day of submitting the declaration of intent to terminate it (notice period),
    4. termination leads to the cessation of the legal relationship with effect for the future.
  2. The Service Provider and the Service Recipient may terminate the agreement for the provision of an Electronic Service at any time by mutual agreement of the parties.

§ 16 Intellectual property

  1. All content posted on the website at www.ivamats.com is protected by copyright and (subject to § 16 point 3 and elements posted by Service Recipients, used on the basis of a licence, transfer of proprietary copyrights or permitted use) is the property of EVAMATS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register under KRS number: 0000960954, place of business and address for service: ul. Strzelca 42, 80-299 Gdańsk, NIP: 5862378667, REGON: 521519084. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content of the www.ivamats.com website without the Service Provider's consent.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content and substance of the www.ivamats.com website constitutes a violation of the copyright vested in the Service Provider and results in civil and criminal liability.
  3. All trade names, Product names, company names and their logos used on the Store's website at www.ivamats.com belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at www.ivamats.com are used for information purposes.

§ 17 Final provisions

  1. Agreements concluded via the Store are concluded in accordance with Polish law.
  2. In the event of non-conformity of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance through negotiation, with the intention of an amicable settlement of the dispute, taking into account the Act on Out-of-Court Settlement of Consumer Disputes. However, if this were not possible, or would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Judicial resolution of disputes:
    1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in § 11 of the Regulations, are submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,
    2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, referred to in § 10 of the Regulations, are submitted to the court competent for the Service Provider's registered office.
  5. A Customer who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the end of the complaint procedure, an application for mediation or an application for the case to be considered by an arbitration court (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
  6. In order to resolve a dispute amicably, the Consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.