Terms and conditions

This Terms and Conditions document outlines the rules governing the store's www.ewabien.eu operations. Here, you will find information on the rules for placing orders, the store's offerings, the right to withdraw from the contract, and liability for non-compliance of goods with the contract.

Store – the online store located at www.ewabien.eu

Seller – Ewa Bień a business entity operating under the company name with its registered office at Ewa Bień Ewa Bien Krakowska Street 290, 32-080 Zabierzów, Poland (which also serves as the correspondence address) registered in the Central Register and Information on Economic Activity (CEIDG): NIP: 6760105593, REGON 350125160, e-mail address: sklep@ewabien.com and phone number: +48 604 235 464.

Client – a natural person, legal person, or an organizational unit without legal personality, granted legal capacity by specific regulations, placing an order within the Store and making purchases via the Store.

Consumer – a natural person entering into a contract with the Seller where the subject is not directly related to their business or professional activity.

Entrepreneur with consumer rights – a sole proprietor entering into a contract directly related to their business activity, provided that the contract's content indicates it is not of a professional nature for them.

Account – the Client’s account created on the Store's online platform, enabling access to purchased goods and services.

Sales Agreement – a contract for the sale of Goods entered into between the Seller and the Client via the Store.

Goods – a physical item, digital content, service, or digital service that constitutes the subject of sale in the Store.

Seller’s Details – the Seller's contact information, particularly for complaints and returns.

User – the Client or recipient of the services provided by the Seller.

1. These regulations define the rules for using the Store and the rules and procedure for concluding distance selling agreements via the Store.
2. The regulations are available continuously on the Store's website in a way that allows its downloading, reproduction and recording of its content by printing or saving on a medium at any time.
3. Making purchases in the Store requires access to a computer or mobile device with Internet access, a standard operating system, access to a web browser that supports JavaScript and necessary cookies, as well as e-mail. In addition, to make purchases, it is necessary to complete the ordering process during which it is necessary to provide the data necessary to complete the order.
4. If the Seller offers digital content or services, and using them would require meeting additional technical conditions, these conditions are indicated in the description of these products in the Store.
5. In the event of announcing a reduction in the price of the goods, the Seller shall inform about the lowest price from the period of 30 days before the price reduction, in accordance with Art. 4 sec. 2 of the Act of 9 May 2014 on informing about the prices of goods and services.
6. The specifics of each Product and its characteristic features are included in the descriptions of the Product in the Store.
7. Sending illegal content via forms is prohibited.

1. The creation of a Customer Account is possible after the Customer has completed free Registration.
2. Registration takes place by the Customer filling out the registration form provided by the Seller on the Store's website at: www.ewabien.eu and sending it to the Seller by selecting the appropriate function marked with the "Create Account" button.
3. During Registration, the Customer sets an individual password to access the Account. The Customer is obliged not to share the password with third parties.
4. During Registration, the Customer has the opportunity to familiarize themselves with the Regulations and Privacy Policy.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the recipients of such data known to the Seller or expected.
6. After Registration, the Customer immediately receives, electronically to the e-mail address provided in the registration form, a confirmation of Registration by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer Account management service, and the Customer is able to access the Customer Account and make changes to the data provided during Registration.

1. The Customer may make purchases in the Store after logging into the customer account or without registration.
2. The gross price of the goods including VAT is given on the Store website. The prices of the goods do not include delivery costs, which are indicated each time in the process of placing an Order
3. Information about the goods provided on the Store websites, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.
4. After selecting the Goods, in order to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store websites. In the case of having a discount code, the customer can enter it in the basket or during the ordering process. The Customer can then calculate the costs of the basket and then proceed to payment.
5. In order to place an order, the Customer must provide data marked as mandatory in the forms. Until the button ending the order is clicked, the Customer can modify the order or the data provided.
6. In order to finalize the order, the Customer must place the order by clicking the button ending the order "Order and pay" in the case of cash on delivery or "Pay now" in the case of electronic payment on the order summary page. To place an order, it is necessary to add goods to the basket, fill in the data and express the required consents, including acceptance of the regulations.
7. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Seller to the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.
8. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by making these Regulations available on the Online Store website and sending the Customer an e-mail message. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
9. The Seller reserves the right to suspend the execution of the order in the event of justified doubts as to the truthfulness and reliability of the data entered by the Customer in the registration form. In such a situation, the store will immediately contact the Customer.

§5 Delivery and payment

1. Delivery of the Goods is available in the territory of the European Union to the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
2. The Customer may choose the delivery methods indicated in the ordering process: 1) courier delivery.
3. Delivery of the Goods to the Customer is payable if the Goods require physical shipment, unless the sales agreement provides otherwise. The costs of delivery of the Goods (including transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the Order placement, including when the Customer expresses their will to be bound by the Sales Agreement. In justified cases, the Store may send several separate shipments as part of a single order without incurring additional costs by the Customer.
4. The delivery time of the Goods to the Customer is up to 5 working days, unless a different time is specified in the description of the Goods or when placing the Order. In the event that the ordered Goods have different delivery times, the time specified for the Goods with the longest delivery time applies.
5. The Store accepts payment methods available in the ordering process, including in particular electronic payments.
6. The Seller provides the Customer with the following payment methods under the Sales Agreement: 1) Electronic payment via Stripe, 2) Payment by bank transfer.
7. If the Customer chooses payment by bank transfer or electronic payments, the Customer is obliged to make the payment within 5 business days from the date of conclusion of the Sales Agreement. After this time, the order may be canceled.
8. The Customer agrees to the sending of the invoice in electronic form.

§8 Non-conformity of the Goods with the contract; complaints

1. The basis and scope of the Seller's liability towards the Customer, if the sold Goods have a defect, are specified by generally applicable legal regulations, in particular the Consumer Rights Act.
2. The Seller hereby informs about the entrepreneur's liability for the conformity of the service with the contract, as provided for by law. The consumer has the right to use the guarantee, if it has been granted.
3. Before submitting a complaint and sending the Goods to the Seller, the Customer is asked to contact the Seller by phone +48 604 235 464 or by e-mail: sklep@ewabien.com in order to speed up the complaint procedure and solve the problem.
4. The correspondence address for complaints and the address for returning the goods is: Ewa Bień Ewa Bien, Krakowska 290 Street, 32-080 Zabierzów, Poland.
5. The goods are in accordance with the contract if, in particular, their description, type, quantity, quality, completeness and functionality are in accordance with the contract, and in relation to goods with digital elements - also their compatibility, interoperability and availability of updates and suitability for the specific purpose for which they are needed by the consumer, about which the consumer notified the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
6. If the goods are not in accordance with the contract, the consumer may request their repair or replacement.
7. The Seller may make a replacement when the consumer requests a repair, or the Seller may make a repair when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.
8. The Seller shall repair or replace within a reasonable time from the moment the consumer informs them of the lack of conformity with the contract, and without excessive inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
9. The consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the consumer at his own expense. The consumer shall not be obliged to pay for the normal use of the goods that were subsequently replaced.
10. In the cases specified in the Consumer Rights Act, the consumer may submit a declaration of price reduction or withdrawal from the contract. In particular, this applies to situations in which the Seller has refused to bring the goods into conformity with the contract or has not brought the goods into conformity with the contract.
11. The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's declaration of price reduction.
12. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Seller at his expense. The Seller shall return the price to the consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
13. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is material.
14. The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of its delivery and revealed within two years from that time, unless the expiry date of the goods for use, specified by the entrepreneur, his legal predecessors or persons acting on their behalf, is longer.
15. It is presumed that the lack of conformity of the goods with the contract, which became apparent before the expiry of two years from the time of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the goods or the nature of the lack of conformity of the goods with the contract.
16. The Seller is obliged to respond to the consumer's complaint within 14 days of its receipt.
17. The Seller shall comply with the provisions of Chapter 5b of the Consumer Rights Act in the scope concerning agreements for the supply of digital content or digital services. The Seller shall be liable for the lack of conformity with the agreement of digital content or digital services supplied continuously, which occurred or became apparent at the time when, according to the agreement, they were to be delivered. This period may not be shorter than two years from the date of delivery of the goods with digital elements. It is presumed that the lack of conformity of the digital content or digital service with the agreement occurred at that time if it became apparent at that time.
18. If a guarantee has been granted for the goods, information about it, as well as its content, will be included in the description of the goods in the Store.
19. The rights resulting from the non-conformity of the goods with the agreement are vested in the consumer and the entrepreneur with the rights of the consumer.

1. You have the right to withdraw from this contract without giving any reason within 14 days from the date of taking possession of the purchased items. The deadline for withdrawal from the contract expires after 14 days from the date on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item. In the case of the purchase of digital content, services or digital services, you have the right to withdraw from the contract within 14 days from the date of conclusion of the contract.
2. To exercise the right to withdraw from the contract, you must inform us (Ewa Bien, Krakowska 290 Street, 32-080 Zabierzów, Poland, address e-mail: sklep@ewabien.com or +48 604 235 464) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. by completing the withdrawal form constituting Annex No. 1 or a letter sent by post or e-mail).
3. You may use the model withdrawal form, but this is not obligatory. In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.
4. In the event of withdrawal from this contract, we shall return to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a method of delivery other than the least expensive standard delivery offered by us), immediately and in any case no later than 14 days from the day on which we were informed of your decision to exercise your right to withdraw from this contract.
5. We shall make the repayment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this repayment.
6. We may withhold the repayment until we have received the goods or until you have provided us with proof of having sent them back, depending on which event occurs first.
7. Goods must be returned to the following address: Ewa Bien, Krakowska Street 290, 32-080 Zabierzów, Poland.
8. Please send back or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the 14-day period expires.
9. The customer must bear only the direct costs of returning the item.
10. The customer is liable for any reduction in the value of the item resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the item.
11. In accordance with Article 38 of the Consumer Rights Act, the right to withdraw from the Sales Agreement does not apply to the Consumer in relation to, among others, the agreement:1) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or intended to meet their individual needs;2) in which the subject of the service is a product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;3) in which the subject of the service is goods which, due to their nature, are inseparably connected with other items after delivery. 12. The right to withdraw from a contract concluded at a distance does not apply to any entity other than the Consumer or the Entrepreneur with consumer rights.

1. The Seller undertakes actions to ensure the fully correct operation of the Store, to the extent resulting from current technical knowledge and undertakes to remove any irregularities reported by Customers using the Seller's Data within a reasonable time.
2. Free services provided by the Seller electronically are: a) the possibility of creating an account in the Store, b) the possibility of concluding an agreement with the Seller electronically, c) the possibility of receiving a newsletter (in the case of enabling the subscription to the newsletter on the Store's website).
3. The account is created by filling in the registration form or, in the case of providing such a possibility, by indicating the appropriate consent in the ordering process. Upon effective registration of the account in the Store, a free agreement for the provision of services by electronic means is concluded for an indefinite period.
4. The Customer may at any time delete the account in the customer panel or send a request for deletion to the Store's e-mail address: sklep@ewabien.com
5. The customer's account stores information regarding the customer's data and placed orders. In the event of deletion of the account, the Seller will store information about placed orders until the limitation period for possible claims arising from a specific legal relationship expires or for the entire duration of the Store's operation - unless the Customer objects to the storage of this information and the Seller does not have an overriding legitimate interest in storing it.
6. The newsletter subscription can be made by sending a completed newsletter subscription form or by indicating consent in the ordering process. In the event of an effective newsletter subscription, the Seller provides an electronic service consisting of sending the Customer e-mails containing information about the Seller's products, promotions or services. The Customer may at any time resign from receiving the newsletter by clicking the resign button contained in the e-mail or by sending a resign to the Store's e-mail address.
7. In the event of wishing to file a complaint, the Customer should provide their name and surname, correspondence address, type and date of occurrence of the irregularity related to the functioning of the store.
8. The Seller undertakes to consider each complaint regarding the operation of the Store within 14 days. The Customer is asked to send a complaint to the Seller's e-mail address.
9. The content contained in the newsletter is subject to copyright protection. It is prohibited to copy, record, or distribute it without the Seller's consent.
10. The Consumer may withdraw from the contract for the delivery of digital content within 14 days of its conclusion, without giving a reason, by providing information to the Seller. Regardless of this, the user may submit a declaration of withdrawal from the services provided at any time.

1. The provisions of this paragraph apply to customers who are entrepreneurs.
2. The Parties completely exclude liability under the warranty for defects.
3. The Seller may terminate the agreement for the provision of electronic services in the scope of maintaining the Customer's account with immediate effect and without indicating the reasons. This does not result in any claims against the Seller on this account.
4. The Seller has the right to withdraw from the agreement without giving a reason within 14 days of its conclusion, by sending the entrepreneur an appropriate declaration. This does not result in any claims against the Seller on this account.
5. The Customer is obliged to examine the shipment at the time and in the manner accepted for a given type of shipment and should immediately take steps to determine the carrier's liability. The Seller is not liable for the loss, shortage, damage to the Goods or for delay in the transport of the shipment arising from its acceptance for transport to its delivery to the entrepreneur.
6. The Seller has the right to limit the available payment methods and require the entrepreneur to make an advance payment in whole or in part.
7. The total liability of the Seller towards the entrepreneur for failure to perform or improper performance of the contract by the Seller is limited to the amount of the price paid for the Goods and delivery costs. The Seller shall not be liable for lost profits towards the entrepreneur. 8. The court competent for the Seller's registered office shall be the competent court for resolving disputes between the Seller and the entrepreneur. 9. The provisions of this paragraph are not intended to limit the entrepreneur's rights to consumer rights, which he is entitled to under generally applicable provisions.

1. The Seller is the administrator of the personal data of Customers collected via the Online Store.
2. The principles of processing the personal data of their recipients and the rights of the Customer are included in the Privacy Policy of the Store.

1. User Content is the following content posted independently or via the Store by each User: 1) opinions or comments about the store or products, 2) additional information not required when placing an order contained in the customer's account, posted independently or via the Store.
2. The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise inconsistent with the law, these regulations or good practices, in particular: 1) content used to commit an offense or crime, 2) content violating personal rights or copyrights, 3) content of a spam nature, 4) content used to conduct unfair competitive activity, including unauthorized marketing activities, 5) content inconsistent with the subject matter of the service to which it relates.
3. We may verify, block and remove illegal content - while maintaining the principles of objectivity and due diligence. 4. A report of illegal content should include: 1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the relevant information constitutes illegal content; 2) an indication, where possible, of the electronic location of the information, such as a URL and additional information enabling the identification of the illegal content; 3) the name and email address of the person or entity making the report - except in the case of a report concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; 4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete. 5. If, as a result of verification undertaken at our initiative or resulting from the report, we determine that the content is illegal, we may decide to block or remove it. 6. Both the User who reported the content and does not agree with the decision we made and the User whose content we have deemed illegal have the right to appeal decisions regarding the content through the contact point indicated in paragraph 13 below. The appeal should include your name, contact details and the justification for requesting a change in the decision.
4. After submitting the appeal, we will immediately confirm its receipt and consider it within 14 days. Appeals will not be processed in an automated manner. The justification for our decision will be prepared in accordance with all requirements resulting from the Digital Services Act.
5. The User has the right to appeal decisions regarding the content through the contact point indicated in paragraph 13 below. The appeal should include your name, contact details and the justification for requesting a change in the decision.
6. In the event of gross non-compliance with the provisions of this point and publishing illegal content, we may decide to temporarily block (suspend) or delete the account, as well as to limit the functionality of the account.
7. The condition for making a decision regarding the user's account is to maintain the principles of objectivity and due diligence. Such a decision may be appealed, which will not be considered in an automated manner. The appeal will be considered within 14 days, and the User will be immediately informed of its outcome. 11. We are not responsible for User Content if: 1) we do not have actual knowledge of illegal activity or illegal content, and in relation to claims for damages - we do not know about the factual state or circumstances that clearly indicate illegal activity or illegal content; 2) we take immediate appropriate action to remove or prevent access to illegal content when we obtain such knowledge or information. 12. If we receive any information giving rise to a suspicion that a crime that threatens the life or safety of a person or persons has been committed, is being committed or may be committed, we will immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of our suspicion and provide all available information on this subject. 13. We have established a contact point which serves to implement our obligations under the Digital Services Act (DSA) and through which the relevant authorities and Users can communicate with us:  The e-mail address provided may in particular be used to report content that the User considers to be illegal. 14. None of the above provisions are intended to limit the User's rights and should not be interpreted as such.

1. All rights to the Store and the goods offered, including intellectual property rights, property rights and personal copyrights belong to the Seller. Without the Seller's consent, it is not possible to, among other things, duplicate or modify the content offered by the Seller.
2. The Seller reserves the right to make changes to the Regulations for important reasons, such as changes to the offer or changes to legal regulations. The new regulations come into effect on the date of publication. Registered Users will be informed of changes to the regulations by e-mail.
3. The Seller reserves the right to change the prices of goods and promotions without prejudice to agreements concluded before these changes.
4. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply.
5. None of the provisions of the Regulations serve to limit the rights of a consumer or entrepreneur on consumer rights guaranteed by the Consumer Rights Act and other applicable legal acts.
6. In the event of a dispute arising from the concluded sales agreement, the parties will strive to resolve the matter amicably.
7. The consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims. The consumer has the possibility, for example: 1) to apply to a permanent consumer arbitration court with a request to resolve the dispute, 2) to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute, 3) to use the assistance of the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection. 8. The consumer can use the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/
8. More detailed information can be found on the website: https://polubowne.uokik.gov.pl/.