§ 1. General Provisions

These Terms and Conditions set forth the rules for using the online store available at https://everplast.pl/sklep/ (hereinafter: “Store”), in particular the rules for concluding sales contracts through the Store, the rules for the performance of such contracts, the rights and obligations of the Seller and the Customer, and the procedures for filing complaints and withdrawing from a contract.
The store is run by Everplast, LLC with its registered office in Września, at ul. Stefana Żeromskiego 9, 62-300 Września, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000934895, Tax ID (NIP): 7891795423, Statistical Identification Number (REGON): 520534615, share capital: 10,000 PLN (hereinafter: “Seller”).
These Terms and Conditions apply to both Consumers and Business Customers using the Store, unless a specific provision of these Terms and Conditions states otherwise.
The Terms and Conditions are made available free of charge on the Store’s website in a manner that allows users to access, view, and save their content by printing or saving it to a storage medium at any time.

§ 2. Definitions

Seller – Everplast Sp. z o.o., with its registered office in Września, whose details are specified in § 1(1) 2.
Customer – any entity making purchases through the Store.
Consumer – a natural person who enters into a contract with the Seller through the Store, the subject matter of which is not directly related to the person’s business or professional activities.
An entrepreneur with consumer rights – a natural person who enters into a contract directly related to their business activity, provided that the terms of the contract indicate that the contract is not of a professional nature, as determined in particular by the scope of their business activity as disclosed in the CEIDG.
Entrepreneur – a natural person, a legal entity, or an organizational unit that is not a legal entity but is granted legal capacity by law, which conducts business activities and makes a purchase in the Store in connection with those activities.
Product – a movable item available in the Store that is the subject of a sales contract between the Customer and the Seller, specifically balls for dry pools offered in bulk packages containing various numbers of items, in various colors, and with various diameters (6 cm, 7 cm, 8 cm).
Order – a declaration of intent by the Customer submitted via the Order Form and intended directly to conclude a contract of sale for the Product with the Seller.
Distance Contract – a contract concluded with a Customer as part of an organized system for concluding distance contracts (through the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication.

§ 3. Contacting the Seller

Mailing Address: Everplast Sp. z o.o., 9 Stefana Żeromskiego St., 62-300 Września.
Production facility address: 42k Wrocławska St., 62-300 Września.
Email address: biuro@everplast.pl.
Phone number: +48 508 552 608.
The customer may contact the Seller using the addresses and phone numbers listed above, Monday through Friday from 8:00 a.m. to 4:00 p.m.

§ 4. Technical Requirements

To use the Store—including browsing the product selection and placing orders—you will need: a device with Internet access and an up-to-date web browser that supports JavaScript and cookies, as well as an active email account.
To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the Store’s operation, caused by force majeure, unauthorized actions by third parties, or the Store’s incompatibility with the Customer’s technical infrastructure.
The Customer is prohibited from providing illegal content.

§ 5. General Information About Products and Prices

The product prices listed in the Store are gross prices (including VAT) and are expressed in Polish zlotys (PLN).
Product prices do not include shipping costs. The final amount payable by the Customer consists of the price of the Product and the shipping cost, which is disclosed to the Customer on the Store’s website during the ordering process, including at the time the Customer expresses their intent to enter into a sales contract.
Products are offered in bulk packages, with the number of items (e.g., 200, 400, or 800) specified on each product page. Product photos are for illustrative purposes only; the actual color may differ slightly from what is shown on the screen due to display settings.
If a price reduction for a Product is announced, the Seller shall display, alongside the information about the reduced price, the lowest price for that Product that was in effect during the 30-day period prior to the price reduction, in accordance with applicable regulations.
The product information posted on the Store’s website does not constitute an offer within the meaning of the Civil Code, but rather an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.

§ 6. Placing an Order and Entering into a Contract

Orders can be placed in the Store 7 days a week, 24 hours a day.
To place an order, the Customer: (a) selects the Product and its variant (number of items per package), (b) add the Product to the shopping cart, (c) fill out the order form, providing the information necessary to process the order (recipient’s information, shipping address, billing information—if applicable), (d) select the delivery method and payment method, (e) confirm the order by clicking the button indicating the obligation to pay.
To place an order, you must read the Terms and Conditions and accept their provisions.
After an order is placed, the Seller immediately confirms receipt of the order and accepts it for processing by sending the Customer an email to the address provided when placing the order. Upon the Customer’s receipt of the message confirming that the order has been accepted for processing, a sales contract is concluded between the Customer and the Seller.
If the order cannot be fulfilled (e.g., due to the Product’s unavailability), the Seller will immediately notify the Customer and, if payment has already been made, will refund the Customer the amount received.

§ 7. Payments

Customers can use electronic payment methods (instant transfer, BLIK, payment card) processed through the Tpay service, which is operated by Krajowy Integrator Płatności S.A., headquartered in Poznań.
If the Customer chooses to pay by electronic payment or bank transfer, they are required to make the payment within 3 calendar days of the date the sales contract is concluded—otherwise, the order will be canceled.
The seller documents the sale with a receipt or—at the customer’s request or as required by law—with a VAT invoice. The customer agrees to receive invoices electronically at the provided email address.

§ 8. Delivery

Products are delivered within the territory of the Republic of Poland.
Customers can choose from the following delivery methods: DHL courier service, courier service or InPost parcel locker, or Poczta Polska.
Shipping costs are displayed to the customer during the ordering process and depend on the selected shipping method and the size of the order.
The order processing time is up to 48 hours (counted in business days) from the date the payment is posted (or, in the case of cash-on-delivery payments, from the date the contract is concluded), unless a different timeframe is specified in the Product description. The delivery time by the carrier is not included in the order fulfillment time.
It is recommended that the Customer, whenever possible, inspect the condition of the shipment in the presence of the carrier and, if any damage is found, prepare a damage report; however, this is not a prerequisite for processing a complaint.

§ 9. Right to Cancel the Contract

A consumer and a business entity with consumer rights may withdraw from a distance sales contract within 14 days without giving any reason and without incurring any costs, except for the costs specified in this paragraph.
The period begins on the date the Consumer or a third party designated by the Consumer (other than the carrier) takes possession of the Product, and in the case of a contract covering multiple Products delivered separately, on the date the Consumer takes possession of the last Product.
The consumer may withdraw from the contract by submitting a notice of withdrawal to the Seller—for example, by mail to the Seller’s registered office or by email to biuro@everplast.pl. The consumer may use the sample form provided in Appendix 1 to the Terms and Conditions, but this is not mandatory. To meet the deadline, it is sufficient to send the notice before the deadline expires.
In the event of withdrawal from the contract, the Seller shall immediately, no later than 14 days from the date of receipt of the notice of withdrawal, refund to the Consumer all payments made by the Consumer, including the costs of delivering the Product (except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard method offered by the Seller). The Seller may withhold the refund until the Product is returned or proof of its return is provided, whichever occurs first.
Refunds are issued using the same payment method the Consumer used, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for the Consumer.
The Consumer is required to return the Product to the Seller immediately, no later than 14 days from the date on which the Consumer withdrew from the contract. The Consumer is responsible for the direct costs of returning the Product.
The consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.
The right of withdrawal does not apply to the contracts specified in Article 38 of the Consumer Rights Act, in particular contracts where the subject matter of the performance is a non-prefabricated product, manufactured according to the Consumer’s specifications or designed to meet the Consumer’s individual needs (e.g., balls custom-made in non-standard colors or with a logo print).

§ 10. Complaints (Nonconformity of the Product with the Contract)

The Seller is obligated to deliver to the Customer a Product that conforms to the contract and is liable to the Consumer and to a Business Entity with consumer rights for any lack of conformity of the Product with the contract, in accordance with the provisions of Chapter 5a of the Act of May 30, 2014, on Consumer Rights.
The seller is liable for any lack of conformity of the Product with the contract that existed at the time of delivery and that becomes apparent within two years of that time.
If the Product does not conform to the contract, the Consumer may request that it be repaired or replaced. In cases provided for by law, the Consumer may also request a price reduction or—if the lack of conformity is significant— withdraw from the contract.
A complaint may be submitted in writing to the Seller’s registered office or by email to biuro@everplast.pl. It is recommended that the complaint include: the Customer’s information, the order number or proof of purchase, a description of the nonconformity, and the Customer’s request. The Product subject to the complaint must be made available to the Seller; the Seller will pick up the Product at its own expense.
The seller will respond to the consumer’s complaint within 14 days of receiving it. Failure to respond within this period constitutes acceptance of the complaint.
With respect to Customers who are Business Entities (other than Business Entities with consumer rights), the Seller’s liability under the warranty is excluded pursuant to Article 558, § 1 of the Civil Code.

§ 11. Out-of-Court Methods for Handling Complaints and Pursuing Claims

The consumer has the option to use out-of-court methods for resolving complaints and pursuing claims, including: (a) filing a complaint with the permanent consumer arbitration court attached to the Provincial Inspector of Trade Inspection, (b) submitting a request to the Provincial Inspector of Trade Inspection to initiate mediation proceedings, (c) seeking free assistance from the county (municipal) consumer ombudsman or from civic organizations whose statutory mission includes consumer protection.
Detailed information on out-of-court dispute resolution is available on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl.

§ 12. Personal Information

The Seller is the controller of Customers’ personal data. Detailed information about the processing of personal data—including the purposes, legal bases, recipients of the data, and the rights of data subjects—is provided in the Privacy Policy available on the Store’s website.

§ 13. Final Provisions

Contracts entered into through the Store are concluded in Polish.
The Seller reserves the right to amend these Terms and Conditions for valid reasons, in particular changes in legal regulations, changes in payment and delivery methods, or changes in the scope of business—to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. Such changes do not affect the acquired rights of Customers; contracts concluded prior to any amendment to the Terms and Conditions shall be governed by the Terms and Conditions in the version in effect at the time the contract was concluded.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services, as well as the provisions of the GDPR.
The provisions of these Terms and Conditions do not exclude or limit any rights that Consumers are entitled to under mandatory provisions of law; in the event of a conflict, those provisions shall prevail.
These Terms and Conditions take effect on July 17, 2026.

Appendix No. 1 – Sample Contract Withdrawal Form

(Please complete and return this form only if you wish to cancel the contract.)

Recipient: Everplast Sp. z o.o., 9 Stefana Żeromskiego St., 62-300 Września, email: biuro@everplast.pl

I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale for the following goods(*): ……………………………………………………………………………

Date of contract execution(*)/delivery(*): ……………………………………

First and last name(s) of the consumer(s): ……………………………………

Consumer(s)’ address: ……………………………………

Signature of the consumer(s) (only if the form is submitted in paper form): ……………………………………

Date: ……………………………………

(*) Delete as appropriate.