TERMS AND CONDITIONS OF ONLINE SHOP

I. Definitions

The terms used in the Terms and Conditions shall mean:

  1. Customer– a natural person, a legal person or an organisational unit which is not a legal person but to which special provisions grant legal capacity, who places an Order in the Shop;
  2. Consumer– in accordance with Article 22[1] of the Civil Code means a natural person making a legal transaction with an entrepreneur which is not directly related to their business or professional activity.
  3. Civil Code– the Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended);
  4. Terms and Conditions– these Terms and Conditions specifying the general conditions of sales and rules for the provision of services electronically in the Overmax.eu online shop;
  5. Online Shop (Shop)– the online service available at https://overmax.eu/, through which the Customer may in particular place Orders;
  6. Goods– products presented in the Online Shop;
  7. Sales Agreement– an agreement for the sale of Goods within the meaning of the Civil Code, concluded between Overmax.eu and the Customer, entered into via the website of the Shop;
  8. Consumer Rights Act– Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
  9. Act on provision of services by electronic means– Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
  10. Order– ustomer's declaration of will, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

II. General provisions

  1. These Terms and Conditions define the rules for the use of the online shop available at https://overmax.eu/.
  2. These Terms and Conditions are the rules and regulations referred to in Article 8 of the Act on Provision of Services by Electronic Means.
  3. The Overmax.eu online shop, operating at https://overmax.eu/, is operated by BrandLine Group Sp. z o.o, A. Kręglewskiego 1, 61-248, Poznań, Tax Identification Number: 7822579840, National Business Registry Number: 361233546, entered in the Register of Entrepreneurs kept by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register, under number 0000552768, share capital 20000 PLN.
  4. These Terms and Conditions define in particular:
    • rules for registration and use of an account in the online shop;
    • terms and conditions for placing electronic Orders in the online shop;
    • rules for conclusion of Sales Agreements using the services provided by the Online Shop.
  5. The use of the online shop is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements: computer with access to the Internet, access to electronic mail, Internet Explorer version 11 or later, Firefox version 28.0 or later or Chrome version 32 or later, turning on Cookies and Javascript in the browser
  6. In order to use the online shop, the Customer shall themselves obtain access to a computer workstation or a terminal device with Internet access.
  7. In accordance with applicable law Overmax.eu reserves the right to limit the provision of services through the Online Shop to persons over 18 years of age. In this event, potential customers will be notified.
  8. Customers may access these Terms and Conditions at any time via the link on the home page of https://overmax.eu/ and download and print them.

III. Terms of use of the Online Shop

  1. Registration in the Online Shop is optional. The Customer may place an order without registering in the Shop, after reading and accepting these Terms and Conditions.
    Registration occurs by completing and accepting a registration form made available on one of the pages of the Shop.
    Registration is conditional on agreeing to the content of the Terms and Conditions and providing personal data marked as obligatory.
    Overmax.eu may deny the Customer the right to use the Online Store, as well as restrict their access to some or all of the resources of the Online Store, with immediate effect, in the event of violation of the Terms and Conditions by the Customer, and in particular when the Customer:
    • provided incorrect, inaccurate or outdated data during registration in the online shop, which is misleading or infringes the rights of third parties,
    • has violated the personal rights of third parties through the online shop, in particular the personal rights of other customers of the online shop,
    • commits any other behavior, which will be considered by Overmax.eu as a behavior inconsistent with the applicable laws or general principles of using the Internet or detrimental to the reputation of Overmax.eu.

A person who has been denied the right to use the online shop, can not re-register without prior consent of Overmax.eu

  1. In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Website, the Online Shop undertakes technical and organisational measures appropriate to the degree of risk to the security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted on the Internet.
  2. The Customer shall in particular be obliged to:
    • use the Online Shop in a manner consistent with the applicable laws in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general principles of using the Internet.
    • not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
    • use the Online Shop in a manner not disruptive to its functioning, in particular through the use of specific software or devices,
    • not to take actions such as: sending or posting unsolicited commercial information (spam) within the Online Shop,
    • use of the Online Shop in a manner not burdensome to other customers and Overmax.eu,
    • use any content of the Online Shop only for their own personal use,

IV. Procedure for conclusion of the Sales Agreement

  1. In order to conclude the Sales Agreement via the Online Shop, it is necessary to enter the website https://overmax.eu/ and select the Goods by taking subsequent technical actions on the basis of messages displayed to the Customer and information available on the website.
  2. The selection of the ordered Goods by the Customer is performed by adding them to the basket.
  3. When placing the Order - until the button confirming the Order is pressed - the Customer has the possibility of modifying the entered data and the selected Goods. In order to achieve it, it is necessary to follow the messages displayed to the Customer and the information available on the website.
  4. After the Customer using the Online Shop has entered all the necessary data, a summary of the placed Order is displayed. A summary of the Order placed shall include, among other things, a description of the goods or services selected, the total price and all other costs.
  5. In order to send the Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as obligatory and press the button confirming the Order.
  6. Information about the Goods given on the websites of the Store constitute an offer within the meaning of Article 66 of the Civil Code. Sending by the Customer the Order constitutes a declaration of will to enter into the Sales Agreement with Overmax.eu, in accordance with the content of the Terms and Conditions.
    The Agreement shall be deemed concluded at the moment the Customer's Order is entered into the IT system of the Online Shop, provided that the Order complies with the Terms and Conditions.
    After concluding the Agreement, the Customer receives an e-mail containing confirmation of all important elements of the Order.
  7. The Sales Agreement is concluded in the Polish language, with the content compliant with the Terms and Conditions.
  8. Customers may access these Terms and Conditions at any time via the link on the home page of https://overmax.eu/ and download and print them.

The Order data and the General Terms and Conditions (Terms of Sale) are recorded, secured and made available by e-mail. You can see your previous orders within your account after logging in.

V. Delivery

  1. Delivery of the Goods is limited to the territory of the Republic of Poland and is sent to the address indicated by the Customer in the course of placing the Order.
  2. Delivery of the ordered Goods is executed via:
    • Poczta Polska (Polish Post)
    • Courier company
    • Parcel machines

It is not possible to order goods in person in our shop.

Delivery costs are: 1. Pocztex delivery via Pocztex costs: 10 PLN Cost of cash on delivery: 25 PLN 2. Courier Delivery via FedEx courier service. Shipping cost: 0 PLN Cost of cash on delivery: 15 PLN 3. InPost parcel machines Shipping and collection of parcels via the InPost parcel machine network. Shipping cost: 0 PLN Cost of cash on delivery: 15 PLN In addition, delivery costs will be indicated at the time of placing the Order.

  1. The delivery period is 24 hours from the date of dispatch of the Order by the Customer.
  2. Damage to the Goods caused during delivery.

In the event of a consumer purchase at a distance, our Shop always bears the risk of accidental damage or loss of goods in transport. If the goods are delivered with obvious damage that has occurred during transport, we kindly ask you to report this defect to the deliverer as soon as possible and to contact us. A delay in filing such a complaint or contacting us shall have no consequences for your statutory claims and their settlement, in particular for your rights under the statutory warranty for defects (Section VIII of the Terms and Conditions). Faster notification of damage noticed during transport helps us to assert our own claims against the carrier or the transport insurer.

VI. Prices and payment methods

  1. The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and any other components.
  2. The Customer has the possibility to pay the price:
    • cash on delivery
      Additional fee: 15 PLN
    • payment via PayU system

VII. Right of withdrawal

  1. A Customer who is a consumer within the meaning of Article 22[1] of the Civil Code has the right to withdraw from a remote agreement without giving any reason by submitting an appropriate statement within 14 days. We voluntarily extend this period to 30 days. Sending the declaration before the expiry of this period shall suffice to comply with it.
  2. The Customer may formulate the declaration themselves or use the model declaration available here
  3. The 30-day period shall start on the day of delivery of the Goods or, in the event of a Service Agreement, on the day of its conclusion.
  4. Upon receipt of the declaration of withdrawal by the consumer, the Seller shall send to the consumer's e-mail address a confirmation of receipt of the declaration of withdrawal.
  5. The consumer's right of withdrawal is excluded in the event of:
    • provision of services if the Seller has performed the service in full with the express consent of the consumer who has been informed before the performance starts that after the Seller's performance they will lose the right to withdraw from the agreement;
    • the agreement in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the Seller and which may occur before the end of the withdrawal period;
    • the agreement in which the subject matter of the performance is a non-refabricated good produced to the consumer's specifications or intended to meet their individual needs;
    • the agreement in which the subject matter of the performance is a perishable good or a good with a short shelf life;
    • the agreement in which the subject matter of the performance is the Goods supplied in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
    • the agreement in which the subject matter of the performance are Products which after delivery, due to their nature, are inseparable from other things;
    • the agreement in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control;
    • the agreement in which the consumer has explicitly requested the Seller to come to them to perform urgent repairs or maintenance; if the Seller provides services in addition to those requested by the consumer or supplies Goods other than replacement parts necessarily used in performing repairs or maintenance, the consumer shall have the right to withdraw from the agreement in relation to the additional services or Goods;
    • the agreement in which the subject matter of the performance is a sound or visual recording or computer software supplied in a sealed package if the package was opened after its delivery; supply of newspapers, periodicals or magazines, except for
      the subscription agreement;
    • the agreement concluded by public auction;
    • the provision of accommodation, other than for residential purpose, transport of goods, car rental services, catering, services related to leisure, entertainment, sports or cultural events, if the date or period of performance is specified in the agreement;
    • supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer's express consent before the end of the period for withdrawal and after the Seller has informed the consumer of the loss of the right to withdraw from the agreement.
  6. In the event of withdrawal from a distance agreement, the agreement shall be deemed not to have been concluded. Reimbursement shall be completed without delay, but within 30 days at the latest. The purchased Goods should be returned to the Seller's address.
  7. In the event of withdrawal from a distance agreement, you shall only be liable for any diminished value of the item resulting from your use of the item in a manner other than that necessary to establish the nature, characteristics and functioning of the item.
  8. The Seller shall immediately, but no later than within 14 days from the date of receipt of the consumer's declaration of withdrawal from the agreement, return to the consumer all payments made by them, including the costs of delivery of the Goods. The Seller shall refund the payment using the same means of payment as the consumer used, unless the consumer agrees to another way of refund, which shall be at no cost to the consumer.
  9. If the consumer has chosen a method of delivery of the Goods other than the cheapest normal delivery method offered by the Seller, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by them. 
  10. The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear them.

VIII. Complaints about Goods

  1. The Seller shall be liable to the Customer, including the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code, under the warranty for defects on the terms specified in Article 556 - 576 of the Civil Code.
  2.  Complaints resulting from infringement of the Customer's rights guaranteed by law or by these Terms and Conditions should be addressed to BrandLine Group Sp. z o.o. with its seat atA. Kręglewskiego 1, 61-248 Poznań, to the e-mail address [email protected]
  3. In order to consider the complaint, the Customer should send or deliver the Goods complained about, if possible attaching the proof of purchase. The goods shall be delivered or sent to the address indicated in point 2 above.
  4. The Seller undertakes to process each complaint within 14 days.
  5. In the event of deficiencies in the complaint, the Seller shall call the Customer to supplement it to the extent necessary, immediately, but no later than within 7 days from the date of receipt of the call by the Customer. The Seller shall reimburse the Customer for the delivery costs.
  6. The Seller is not the manufacturer of the Goods. The manufacturer shall be liable under the guarantee for the Goods sold under the conditions and for the period indicated in the warranty card. If the warranty document provides for this possibility, the customer may submit their claims under the warranty directly to the authorised service centre of which the address can be found on the warranty card.

IX. Complaints about Goods

Applies to the Customer who is the Consumer:

  • We are obliged to deliver goods free of defects. The statutory liability for defects of the sold item (warranty for defects) shall apply to the extent specified in Article 556 and Articles 556[1]-556[3] et seq. of the Civil Code.
  • Complaints can be submitted:
    • in writing to the following address: BrandLine Group Sp. z o.o, A. Kręglewskiego 1, 61-248, Poznań.
    • by e-mail to: [email protected]
    • or by using the contact form available on the Shop website.
  • In the event of exercising your warranty rights, if we consider it necessary to resolve the complaint, you shall deliver the defective goods at our expense to the postal address indicated above. If, due to the nature of the goods or the way in which they are installed, delivery of the goods would be unreasonably difficult, you are obliged to make the goods available to us at the place where they are located. We undertake to respond to the complaint without delay, but no later than within 14 days of its submission.
  • We are liable under the warranty if a physical defect is discovered before the expiry of two years from the date on which the goods were delivered to you. If the object of sale is a used movable item, the liability under the warranty is one year from its delivery.
  • It is recommended to (1) provide information on the subject of the complaint, in particular, the type and date of occurrence of the defect; (2) specify the request as to the manner of rectifying the defect (replacement of the goods with a new one, repair of the goods, price reduction, withdrawal from the agreement - if the defect is significant); and (3) provide the contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Store. The recommendations specified in the preceding sentence are merely non-binding guidelines and in absolutely no circumstances affect the effectiveness of complaints submitted without the provision of the recommended information.

Applies to the Customer who is not the Consumer at the same time:

  • A buyer who is not the Consumer at the same time loses their rights under the warranty if they have not examined the goods in the time and manner usual for such type of goods and have not immediately notified the Seller of the defect, and in the event that the defect is revealed only later - if they have not notified the Seller immediately after its discovery. If no notice of defect is provided, the goods shall be deemed to have been accepted. This shall not apply in the event of malicious concealment of a defect by us. Complaints can be submitted in writing to the address of the Store and electronically.

X. Additional warranties in respect of the sale of Goods in the Shop

Overmax.eu is a manufacturer of Goods available in the Store. Overmax.eu as a manufacturer provides an additional warranty for Goods it manufactures under the conditions and for the period indicated in the warranty card accompanying the Goods. The warranty granted by us does not exclude, limit or suspend the Customer's rights under the statutory warranty for defects in sold goods (Section VIII of the Terms and Conditions).

XI. Complaints concerning the provision of services via electronic means

  1. Overmax.eu undertakes actions to ensure fully proper operation of the Online Shop to the extent resulting from the current technical knowledge and undertakes to remove within a reasonable time period any irregularities reported by Customers.
  2. The Customer may notify us of any irregularities or interruptions in the functioning of the Online Shop service. Please report any irregularities related to the functioning of the Shop by e-mail to the following address: [email protected]
  3. In complaints concerning irregularities in the functioning of the Online Shop website, please indicate the type and date of irregularities.
  4. We undertake to respond to the complaint without delay, but no later than within 14 days of its submission.

XII. Out-of-court complaint and claim procedures

  1. Out-of-court complaint and redress procedures. We would like to inform you that it is possible to use out-of-court complaint and redress procedures.
    • The consumer may apply for out-of-court settlement of consumer disputes concerning the concluded Sales Agreement to the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
    • The consumer may also apply for a dispute concerning the concluded Sales Agreement to be examined by a permanent arbitration court operating at the relevant regional inspectorate of the Trade Inspection, in accordance with Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
    • The European Commission also provides a platform for online dispute resolution between consumers and traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
  2. Detailed information regarding the settlement of consumer disputes, including the possibility for the Consumer to use out-of-court complaint handling, claim investigation and the terms of access to these procedures are available in the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the following website: https://uokik.gov.pl/spory_konsumenckie.php.
  3. We inform you that we undertake to use out-of-court resolution of disputes with Consumers within the meaning of the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity entitled to out-of-court settlement of disputes between Overmax.eu and the Consumer is: The Consumer Court operating at the Trade Inspection available at: ttps://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may apply to this entity to initiate the procedure for the out-of-court settlement of consumer disputes.
  4. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Provision of Electronic Services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law, as well as European Union law, in particular GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 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) shall apply.

XIII. Final provisions

  1. The court competent to resolve disputes with Consumers shall be the court with local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
  2. Settlement of potential disputes arising between Overmax.eu and the Customer who is not a Consumer is subject to the court having jurisdiction over our registered office.
  3. In matters not regulated by these Terms and Conditions, the provisions of the applicable law shall apply, in particular the provisions of the Civil Code Act of 23 April 1964 (consolidated text of the Journal of Laws of 2014, item 121, as amended) and the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827). In the event of any conflict between these Terms and Conditions and the rights of Customers and provisions arising from universally binding regulations, the universally binding regulations of Polish law shall apply.