Terms and Conditions

Effective Date: 28.11.2025

§ 1. GENERAL PROVISIONS AND CONTACT INFORMATION

  1. These Terms and Conditions (hereinafter “Terms”) set forth the rules for concluding sales contracts and using the online store available at https://emotionflame.com (hereinafter the “Store”).
  2. The Store is owned and operated by:
    AVEKO JAGIEŁŁO I LEWANDOWSKI Sp. k.
    ul. Dębowa 2,
    84-207 Łężyce, Poland
    KRS: 0000834228 | NIP: PL5882457275 | REGON: 385799944
    (hereinafter referred to as the “Seller”).
  3. Contact details for the Seller:
    • E-mail for general inquiries and complaints: info@emotionflame.pl
    • Correspondence address: ul. Dębowa 2, 84-207 Łężyce, Poland.
  4. These Terms apply to the sale of goods to customers with a delivery address within the European Union, excluding the territory of the Republic of Poland.
  5. Definitions:
    • Consumer: A natural person concluding a contract with the Seller for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession.
    • Business Customer (B2B): A natural or legal person or an organizational unit concluding a contract relating directly to its business or professional activity.
    • Customer: Any entity (Consumer or Business Customer) placing an order in the Store.

§ 2. PRODUCTS AND PRICING

  1. The Store sells physical goods, specifically electric fireplaces and related accessories.
  2. All prices displayed in the Store are gross prices (including VAT) expressed in the currency indicated on the website (e.g., EUR).
  3. The total price of the order, including shipping costs, is displayed to the Customer before the final submission of the order.
  4. The Seller reserves the right to modify the prices of products, introduce new products, and launch or cancel promotional campaigns. Price changes do not affect orders for which the Customer has already received an Order Confirmation.

§ 3. CONCLUSION OF THE CONTRACT

  1. The presentation of products in the Store does not constitute a binding legal offer but an invitation to conclude a contract.
  2. By clicking the “Order with obligation to pay” (or equivalent) button, the Customer submits a binding offer to purchase the products in the cart.
  3. Order Confirmation: The Sales Contract is concluded only when the Seller sends a separate email explicitly confirming the acceptance of the order for execution (Subject: “Order Confirmation” or similar). An automatic email acknowledging receipt of the order request does not constitute conclusion of the contract.
  4. The Seller reserves the right to decline an order (and refund any payments made) if the product is out of stock, if there is a logistics impossibility, or in the event of a gross pricing error on the website.

§ 4. PAYMENT METHODS

  1. The Customer may use the following payment methods:
    • Credit/Debit cards (processed via Stripe or PayPal).
    • Direct Bank Transfer.
  2. If the Customer chooses an online payment method (Card/PayPal), the order processing time begins after the funds are credited to the Seller’s account.
  3. If the Customer chooses Direct Bank Transfer, payment must be made within 7 days of placing the order. If payment is not received within this period, the order may be cancelled.

§ 5. DELIVERY

  1. The Seller delivers products to countries within the European Union (excluding Poland).
  2. Delivery is carried out by professional courier companies.
  3. Estimated delivery times are specified on the product page or during checkout.
  4. Upon delivery, the Customer is advised to inspect the condition of the packaging in the presence of the courier. If visible damage is detected, it is recommended to write a damage protocol with the courier, which facilitates the complaint process.

§ 6. RIGHT OF WITHDRAWAL (FOR CONSUMERS)

This section applies only to Customers who are Consumers.

  1. Right to withdraw: The Consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the goods.
  2. Notification: To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by an unequivocal statement (e.g., a letter sent by post or e-mail to info@emotionflame.pl).
  3. Effects of withdrawal: If the Consumer withdraws from this contract, the Seller shall reimburse to the Consumer all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the decision to withdraw.
  4. The Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is earliest.
  5. Return Shipping Costs: The Consumer shall bear the direct cost of returning the goods to the Seller’s warehouse at: AVEKO JAGIEŁŁO I LEWANDOWSKI Sp. k., ul. Dębowa 2, 84-207 Łężyce, Poland.
  6. Diminished Value: The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

§ 7. STATUTORY LIABILITY FOR CONFORMITY (LEGAL GUARANTEE)

  1. The Seller is obligated to deliver goods that are in conformity with the contract.
  2. For Consumers: The Seller is liable for any lack of conformity of the goods regarding the contract existing at the time of delivery and becoming apparent within two (2) years from that time, in accordance with EU Consumer Sales Directives and applicable national laws.
  3. If the goods are non-conforming, the Consumer is entitled to have the goods brought into conformity (repair or replacement), or if that is not possible, to receive a proportional price reduction or terminate the contract (refund).
  4. Complaints regarding lack of conformity should be sent to: info@emotionflame.pl.
  5. For Business Customers (B2B): To the fullest extent permitted by law, the Seller’s statutory liability for defects (warranty/rękojmia) is excluded.

§ 8. COMMERCIAL WARRANTY (GWARANCJA)

  1. Independently of the statutory liability for conformity described in § 7, the products sold may be covered by a Manufacturer’s Commercial Warranty or a Seller’s Commercial Warranty.
  2. The Commercial Warranty does not exclude, limit, or suspend the Customer’s rights arising from the statutory liability for non-conformity of the goods (Legal Guarantee).
  3. Detailed conditions of the warranty, including its duration and coverage, are attached to the product (warranty card) or available in the product description on the website.

§ 9. PERSONAL DATA PROTECTION

  1. The Controller of personal data is the Seller.
  2. Personal data is processed for the purpose of executing the Sales Contract, processing payments, and delivery.
  3. Detailed information regarding data processing is available in the Privacy Policy.

§ 10. EXTRAJUDICIAL DISPUTE RESOLUTION

  1. The Consumer has the possibility of using out-of-court complaint and redress mechanisms.
  2. In accordance with Regulation (EU) No 524/2013, the Seller provides the link to the European Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr. The Seller’s email address for this platform is: info@emotionflame.pl.

§ 11. FINAL PROVISIONS

  1. Governing Law: These Terms and the Sales Contract shall be governed by the laws of the Republic of Poland.
  2. Consumer Protection Exception: The choice of Polish law in section 11.1 does not deprive a Consumer residing in another EU Member State of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of the country where the Consumer has their habitual residence.
  3. The Seller reserves the right to amend these Terms. Orders placed prior to the entry into force of amendments shall be governed by the version of the Terms in force at the time the order was placed.
  4. In matters not regulated by these Terms, the relevant provisions of Polish law and applicable Acts of the European Union shall apply.