Eliteclimb Terms and Conditions

SECTION 1: GENERAL PROVISIONS AND DEFINITIONS

1.1. Seller Identification

The online store operating at the web address http://www.eliteclimb.com/ is run by Eliteclimb, with its registered office in Młynówka 22 lok. 3, 43-300 Bielsko-Biała, Poland, EU, NIP: 9482328530, REGON: 363139811 (hereinafter referred to as the „Seller” or „Eliteclimb”).

Contact details:

  • Email: office@eliteclimb.com
  • Phone: +48 793 47 27 67

1.2. Definitions

  • Store/Website: The online store operating under the domain eliteclimb.com.
  • Customer: A natural person, legal person, or an organizational unit without legal personality, which places an Order within the Store.
  • Consumer: A Customer who is a natural person concluding a contract with the Seller not directly related to their business or professional activity.
  • Products: Ultralight climbing axes, composite components, and other equipment offered for sale on the Website, including standard and Custom Products.
  • Custom Product: Any Product made according to the Customer’s specific instructions, specifications, or customized to meet individual needs (e.g., specific modifications, dimensions, colors, or personalized requests made via the 'custom’ option).
  • Terms: These Terms and Conditions of the Online Store.

1.3. Scope of Application

These Terms define the rules for using the Store, placing Orders, concluding Sales Contracts, and the rights and obligations of the Customer and the Seller, including the rules for withdrawal from the contract and handling complaints.

SECTION 2: PLACING ORDERS AND CONCLUSION OF THE SALES CONTRACT

2.1. Ordering Process

  1. All information regarding Products (including prices) available on the Website does not constitute an offer in the legal sense, but an invitation to conclude a contract.
  2. The Customer places an Order by selecting the Products, completing the order form, and confirming the purchase.
  3. Placing an Order by the Customer constitutes an offer to the Seller to conclude a contract for the sale of the selected Products.

2.2. Conclusion of the Contract

  1. Upon receipt of the Order, the Seller will send an email confirmation to the Customer’s email address, confirming the details of the Order.
  2. The Sales Contract is considered concluded upon the Seller sending the aforementioned confirmation email to the Customer.
  3. For Custom Products, the final Sales Contract, price, and estimated delivery time are established after direct contact between the Seller and the Customer and acceptance of the individual quote by the Customer. Production of Custom Products begins only after the final terms are agreed upon and payment is received (as per Section 3.2).

SECTION 3: PRICES AND PAYMENTS

3.1. Prices

  1. Product prices are quoted in the currency specified on the Website (e.g., EUR or PLN) and include VAT (if applicable for sales within the EU).
  2. The Product price does not include delivery costs, which are added to the total Order value and specified during the order placement process.
  3. For Customers outside the EU, additional customs duties, taxes, or import fees may apply. The Customer is solely responsible for payment of these charges.

3.2. Payment Terms

  1. The Seller accepts the payment methods specified on the Website (e.g., bank transfer, online payment systems).
  2. The Customer is obliged to pay the full price of the Order, including delivery costs, immediately after placing the Order, unless otherwise agreed upon.
  3. For Custom Products, the Seller may require a prepayment (deposit) before commencing production, as specified in the individual quote.

SECTION 4: SHIPPING AND DELIVERY

4.1. Delivery Time

  1. The delivery time consists of the time required for product preparation/production and the shipping time by the chosen carrier.
  2. For standard Products, the estimated time is provided on the product page or during the checkout process.
  3. For Custom Products, the estimated production time will be agreed upon individually with the Customer and specified in the final Order confirmation/quote. Due to the handcrafted nature of the Products, production times may vary.
  4. The Seller shall not be liable for delays in delivery caused by the carrier.

4.2. Delivery Costs and Method

  1. Delivery is carried out by specialized courier companies.
  2. Delivery costs are determined during the Order process and depend on the destination, weight, and dimensions of the package.
  3. The Customer is obliged to inspect the package upon receipt for any damage during transport. In case of damage, a damage protocol must be drawn up in the presence of the courier.

SECTION 5: RIGHT OF WITHDRAWAL (CONSUMER RETURNS)

5.1. Standard Products

  1. A Consumer who concluded a distance contract may withdraw from it without giving a reason within 14 days from the date the Consumer or a third party indicated by them takes possession of the Product.
  2. 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 email).
  3. The Consumer must return the Product to the Seller immediately, but no later than 14 days from the date on which they withdrew from the contract.
  4. The direct cost of returning the Product shall be borne by the Consumer.
  5. The Seller shall reimburse all payments received from the Consumer, including the costs of the cheapest standard delivery option offered by the Store, no later than 14 days from the date of receipt of the withdrawal statement. The Seller may withhold the reimbursement until receipt of the returned Product or proof of its dispatch.
  6. The Consumer is responsible for any diminished value of the Product resulting from handling the Product in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product.

5.2. Exclusion of the Right of Withdrawal (Custom Products) The right of withdrawal is NOT applicable to contracts for the supply of Products made to the Consumer’s specifications or clearly personalized (Custom Products), pursuant to Article 16(c) of Directive 2011/83/EU on consumer rights (implemented in Polish law).

SECTION 6: COMPLAINTS AND WARRANTY

6.1. Legal Liability and Warranty

  1. The Seller is liable to the Customer (Consumer) for defects in the Product under the statutory warranty for a period of two years from the date of delivery.
  2. The Seller’s liability towards non-Consumer Customers (businesses) is limited to defects arising from the Seller’s fault and is excluded to the extent permitted by law.

6.2. Complaint Procedure

  1. Complaints should be submitted via email to office@eliteclimb.com or by registered post.
  2. The complaint should clearly state:
    • Customer details (name, address, email).
    • Order number and date of purchase.
    • Description of the defect and the date it was found.
    • The Customer’s request (e.g., repair, replacement, price reduction, or withdrawal from the contract).
  3. The Customer is obliged to send the faulty Product to the Seller for inspection.
  4. The Seller will consider the complaint within 14 days from the date of its receipt.

6.3. Special Product Considerations Given the high-performance and specialized nature of the Products, the Seller is not responsible for damage resulting from:

  • Normal wear and tear.
  • Improper use, storage, or maintenance contrary to the instructions.
  • Modifications or repairs carried out by unauthorized persons.
  • Accidents, impacts, or stress exceeding the product’s design limits.

SECTION 7: INTELLECTUAL PROPERTY

7.1. Copyright All content presented on the Website, including texts, graphics, logos, images, product descriptions, and the technology (design and composites), are protected by copyright and intellectual property rights belonging to Eliteclimb or are used with permission. Any use of this content without the express written consent of the Seller is prohibited.

SECTION 8: FINAL PROVISIONS

8.1. Governing Law These Terms and Conditions shall be governed by the laws of the Republic of Poland and, where applicable, the provisions of EU law regarding consumer protection and distance selling.

8.2. Dispute Resolution Any disputes arising from the Sales Contract shall be submitted to the competent common courts in Poland. Consumers may also use out-of-court methods of resolving complaints and pursuing claims.

8.3. Amendments to the Terms The Seller reserves the right to amend these Terms. Amendments will be published on the Website and will apply to Orders placed after the date the amendments take effect.