Terms & Conditions

These Terms & Conditions ("Terms") set out the rules for using the online store available at everestaudiolabs.com (the "Store") and for concluding sales contracts through it. They are addressed both to Consumers and to business customers (Entrepreneurs).

1. Seller / Operator

The Store is operated by:

(the "Seller", "we", "us"). All contact is handled by email at the address above.

2. Definitions

• Consumer — a natural person concluding a contract with the Seller for purposes not directly related to their business or professional activity (Art. 22¹ of the Polish Civil Code).
• Entrepreneur — a person concluding a contract in connection with their business activity.
• Entrepreneur with consumer rights — a sole trader concluding a contract that is not of a professional character for them; such a person benefits from selected consumer protections (withdrawal and statutory conformity rules) under Polish law.
• Product — the goods presented in the Store (e.g. audio servers and PCIe cards), including made‑to‑order and configured units.
• Order — the Customer's declaration of will aimed at concluding a sales contract for one or more Products.
• Sales Contract — the contract for the sale of Products concluded between the Customer and the Seller via the Store.

3. General provisions

3.1. The Store sells high‑end audio equipment and accessories. Products are presented with descriptions, specifications and prices.

3.2. To use the Store the Customer needs a device with internet access, a current web browser, an active email account, and cookies enabled.

3.3. The Customer is obliged to use the Store in a lawful manner and not to provide unlawful content.

3.4. Product photographs and visualisations are illustrative. Minor differences resulting from individual screen/colour settings do not constitute a defect or non‑conformity.

4. Prices and taxes

4.1. Prices are stated in euro (EUR) and include applicable Polish VAT (currently 23%) unless stated otherwise.

4.2. The total price payable, including the price of the Product and — where applicable — delivery and any other charges, is shown to the Customer before the Order is placed.

4.3. Customers outside Poland / outside the EU. The applicable tax treatment may differ (e.g. VAT‑exempt export, intra‑Community supply, or reverse charge for valid EU‑VAT‑registered businesses). For shipments outside the European Union, any import duties, taxes and customs clearance fees are borne by the Customer and are not included in the price.

4.4. The Seller may run promotions and grant discounts on terms specified separately. Where a price reduction is announced, the prior reference price is presented in accordance with applicable price‑transparency rules.

5. Placing an Order and conclusion of the contract

5.1. Orders may be placed via the Store 24/7. Configurable Products (e.g. the Server Ascent) are ordered together with the selected options (output card, storage), each priced as shown.

5.2. To place an Order the Customer adds Products to the cart, proceeds to checkout, provides the required data, selects payment, accepts these Terms, and confirms the Order with the "place order / pay" action (an order with an obligation to pay).

5.3. The presentation of Products in the Store is an invitation to conclude a contract, not a binding offer.

5.4. The Sales Contract is concluded when the Seller confirms acceptance of the Order by email. The Seller may decline an Order (e.g. where a Product is unavailable or the price was manifestly incorrect); in such case any payment made is refunded without undue delay.

6. Payment

6.1. Payment is made online via PayPal (including card payments processed through PayPal). The Seller does not store the Customer's full card details.

6.2. The Customer should pay at the time of placing the Order. The Seller begins processing once payment is received.

6.3. An invoice or sales document is issued in accordance with applicable regulations and sent to the Customer's email address.

7. Manufacturing, delivery and lead times

7.1. Products are boutique, often built or configured to order. Estimated production and dispatch lead times are shown on each Product's page in the Store. Lead times are estimates and may vary; the Seller informs the Customer of any material delay.

7.2. The Seller ships worldwide using insured courier services. Shipping methods and any applicable costs are shown during checkout, before the Order is placed. Details of the shipment (including the carrier) are provided to the Customer in the order/dispatch confirmation message.

7.3. The Seller is obliged to deliver Products free from defects / in conformity with the contract.

7.4. The Customer is asked to inspect the parcel on delivery; where transport damage is visible, drawing up a damage report with the carrier is recommended (this facilitates claims but does not limit the Customer's statutory rights).

8. Passing of risk

8.1. For Consumers (and Entrepreneurs with consumer rights), the risk of accidental loss or damage passes upon delivery of the Product to the Customer or a person designated by them (other than the carrier).

8.2. For other Entrepreneurs, the risk passes to the Customer upon release of the Product to the carrier.

9. Manufacturer's warranty (guarantee)

9.1. The Seller provides a commercial warranty (guarantee) on the Products for a period of 24 months (2 years) from delivery, covering manufacturing defects under normal use.

9.2. The warranty does not cover damage resulting from misuse, unauthorised modification or repair, power surges, transport by the Customer, or normal wear. Details and the procedure are provided with the Product / on request.

9.3. The commercial warranty does not exclude, limit or suspend the Customer's statutory rights described in Section 10.

10. Conformity with the contract / complaints

10.1. Consumers and Entrepreneurs with consumer rights. The Seller is liable for the lack of conformity of the Product with the Sales Contract on the terms set out in the Polish Consumer Rights Act (implementing Directive (EU) 2019/771). The Seller is liable for non‑conformity existing at the time of delivery and revealed within two (2) years of delivery. The Customer may request repair or replacement and, in the cases provided by law, a price reduction or withdrawal from the contract.

10.2. Other Entrepreneurs. For purchases by an Entrepreneur in a professional capacity, the statutory warranty for defects (rękojmia) under the Polish Civil Code applies.

10.3. How to file a complaint. Complaints should be sent to info@everestaudiolabs.com with a description of the issue, proof of purchase and contact details. The Seller will respond to a Consumer's complaint within 14 days. The Seller will provide return/collection instructions for the Product where needed.

11. Right of withdrawal (distance contracts)

11.1. A Consumer (and an Entrepreneur with consumer rights) who concludes a distance contract may generally withdraw within 14 days without giving a reason, subject to the statutory exceptions.

11.2. All Products carry the 14‑day right of withdrawal — except made‑to‑order Products. As a distance contract, every purchase is in principle covered by the 14‑day right of withdrawal. The exception is any Product whose description on its Product page expressly states that it is made to order (made‑to‑order) — i.e. a non‑prefabricated item manufactured to the Consumer's specification or serving their individualised needs — to which the right of withdrawal does not apply (Art. 38 of the Consumer Rights Act).

11.3. Full details, costs, refund rules and the model withdrawal form are set out in the Returns & Withdrawal Policy, which forms part of these Terms.

12. Liability

12.1. Nothing in these Terms limits the Seller's liability where such limitation is prohibited by law (including liability for death or personal injury caused by negligence, and the statutory rights of Consumers).

12.2. Towards Entrepreneurs (other than those with consumer rights), the Seller's liability for lost profits and indirect damage is excluded to the extent permitted by law, and total liability is limited to the value of the Order, save for damage caused intentionally.

13. Out‑of‑court dispute resolution

13.1. The EU Online Dispute Resolution (ODR) platform was discontinued as of 20 July 2025 and is no longer available.

13.2. A Consumer may use out‑of‑court complaint and redress methods, in particular:

• the permanent consumer arbitration court and mediation at the Provincial Inspectorate of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej);
• assistance of a municipal/district consumer ombudsman (rzecznik konsumentów) or a consumer organisation;
• information available from the President of the Office of Competition and Consumer Protection (UOKiK), uokik.gov.pl, including the list of authorised ADR entities.

13.3. Cross‑border EU disputes: Consumers may seek assistance from the European Consumer Centres Network (ECC‑Net) and consult the European Commission's consumer‑redress resources for a list of dispute‑resolution bodies.

13.4. Use of out‑of‑court methods is voluntary for both parties.

14. Personal data

The Seller processes personal data in accordance with the GDPR (Regulation (EU) 2016/679). Details of the processing — purposes, legal bases, recipients, retention and data‑subject rights — are set out in the Privacy Policy and Cookie Policy.

15. Final provisions

15.1. These Terms are governed by Polish law. For Consumers habitually resident in another country, this choice of law does not deprive them of the protection afforded by the mandatory provisions of the law of their country of residence.

15.2. The Seller may amend these Terms for valid reasons (e.g. changes in law, payment or delivery methods, or Store functionality). Orders placed before a change are governed by the Terms in force at the time of the Order. Customers are informed of changes by publication of the updated Terms with a new effective date.

15.3. If any provision of these Terms is found invalid, the remaining provisions remain in force.

15.4. These Terms are available free of charge on the Store website in a form that allows them to be downloaded, stored and reproduced.