Terms and Conditions

Terms and Conditions

The agreement between the Buyer and the Seller may be concluded in two ways.

Before placing an order, the Buyer has the right to negotiate all provisions of the agreement with the Seller, including those that amend the provisions of these Terms and Conditions. Such negotiations should be conducted in writing and sent to the Seller’s address:

WŁÓCZKI WARMII Joanna Skiba-Michalewska
ul. B. Laszki 7/38
10-687 Olsztyn
Poland

If the Buyer chooses not to conclude the agreement through individual negotiations, the following Terms and Conditions and the relevant provisions of law shall apply.

TERMS AND CONDITIONS

§1 Definitions

Postal address – first and last name or name of institution, location within a town (in towns divided into streets: street name, building number, flat/unit number; in towns not divided into streets: town name and property number), postcode and town.

Complaints address:
WŁÓCZKI WARMII Joanna Skiba-Michalewska
ul. B. Laszki 7/38
10-687 Olsztyn
Poland

Delivery price list – the list of available delivery methods and their costs available at wloczkiwarmii.pl/wysylka.

Contact details:
WŁÓCZKI WARMII Joanna Skiba-Michalewska
ul. B. Laszki 7/38
10-687 Olsztyn
Poland
Email: kontakt@wloczkiwarmii.pl
Telephone: +48 602 735 745

Delivery – a transport service, including the carrier and cost, listed in the delivery price list at wloczkiwarmii.pl/wysylka.

Proof of purchase – VAT invoice, bill or receipt issued in accordance with the Polish VAT Act of 11 March 2004, as amended, and other applicable legal provisions.

Product page – an individual subpage of the shop containing information about a specific product.

Client – an adult natural person with full legal capacity, a legal entity, or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.

Civil Code – the Polish Civil Code Act of 23 April 1964, as amended.

Code of good practice – a set of rules of conduct, including ethical and professional standards referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.

Consumer – an adult natural person with full legal capacity making a purchase from the Seller not directly related to their business or professional activity.

Basket – a list of products selected by the Buyer from the shop’s offer.

Buyer – both the Consumer and the Client.

Place of delivery – the postal address or collection point indicated by the Buyer in the order.

Moment of delivery – the moment when the Buyer or a third party indicated by the Buyer takes possession of the goods.

Payment – the method of payment for the subject of the agreement and delivery listed at wloczkiwarmii.pl/platnosci.

Consumer Rights Act – the Polish Act on Consumer Rights of 30 May 2014.

Product – the minimum and indivisible quantity of goods that may be ordered, specified in the shop as the unit of measure for the price (price/unit).

Subject of the agreement – the products and delivery forming the object of the agreement.

Performance – the subject of the agreement.

Collection point – a place of delivery other than a postal address, listed by the Seller in the shop.

Goods – movable items that are or may be the subject of the agreement.

Shop – the website available at wloczkiwarmii.pl through which the Buyer may place an order.

Seller:
WŁÓCZKI WARMII Joanna Skiba-Michalewska
ul. B. Laszki 7/38
10-687 Olsztyn
Poland

NIP (Tax ID): 7393447195
REGON: 280112621

Registered in the Polish Central Register and Information on Business (CEIDG).

Bank account number: 96 1140 2004 0000 3702 4219 7592

System – a set of cooperating IT devices and software enabling data processing, storage, transmission and reception via telecommunications networks (commonly referred to as the Internet).

Order processing time – the number of hours or working days stated on the product page.

Agreement – a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 (in the case of Consumers) and a sales agreement within the meaning of Article 535 of the Civil Code (in the case of Buyers).

Defect – both a physical defect and a legal defect.

Physical defect – non-conformity of the goods with the agreement, particularly if the goods:

  • do not have properties which goods of this type should have due to their intended purpose;

  • do not have properties assured by the Seller;

  • are not suitable for a purpose communicated by the Consumer to the Seller;

  • were delivered incomplete;

  • were incorrectly installed if installation was carried out by the Seller or under their responsibility, or by the Consumer following the Seller’s instructions;

  • do not have properties assured by the manufacturer or entity presenting itself as the manufacturer, unless the Seller was unaware and could not reasonably have known of such assurances.

Legal defect – a situation where the goods are owned by a third party, encumbered by third-party rights, or where limitations result from a decision of a competent authority.

Order – a declaration of intent made via the shop specifying: type and quantity of products, delivery method, payment method, place of delivery and Buyer details, aimed directly at concluding an agreement with the Seller.

§2 General Conditions

The agreement is concluded in Polish, in accordance with Polish law and these Terms and Conditions.

The place of delivery must be within the Republic of Poland.

The Seller undertakes to provide services and deliver goods free from defects.

All prices are expressed in Polish zloty (PLN) and are gross prices (including VAT). Prices do not include delivery costs.

The Seller does not provide a warranty under Article 577 of the Civil Code but informs Buyers of any manufacturer warranties where applicable.

The Seller does not charge additional fees for remote communication. The Buyer bears costs according to their own service provider agreement.

The Buyer may create an account and is responsible for keeping login details confidential.

The Seller complies with the Code of Good Practice.

§3 Conclusion and Performance of the Agreement

Orders may be placed 24 hours a day.

To place an order, the Buyer must:

  • add products to the basket,

  • select delivery method,

  • select payment method,

  • select place of delivery,

  • confirm by clicking “Order with obligation to pay”.

In the case of Consumers, the agreement is concluded at the moment the order is placed.

In the case of Clients, the agreement is concluded when the Seller accepts the order (within 48 hours).

Dispatch takes place within the timeframe specified on the product page.

§4 Right of Withdrawal

Under Article 27 of the Consumer Rights Act, the Consumer has the right to withdraw from a distance contract within 14 days without giving any reason.

The withdrawal period is 14 days from the date of delivery.

Withdrawal must be made in writing using the statutory form or another written form compliant with the Act.

If the Consumer withdraws, the contract is considered void.

The Consumer must return the goods within 14 days at their own cost and risk.

The Seller will refund all payments within 14 days, including standard delivery costs (excluding any additional costs resulting from choosing a more expensive delivery option).

Refunds will be made using the same payment method unless otherwise agreed.

The Seller may withhold reimbursement until the goods are returned or proof of return is provided.

The right of withdrawal does not apply in cases specified in Article 38 of the Consumer Rights Act (e.g. customised goods, sealed goods opened after delivery, digital content supplied with consent before the withdrawal period expires, etc.).

§5 Statutory Warranty (Liability for Defects)

The Seller excludes liability towards Clients for defects (statutory warranty).

The Seller is liable towards Consumers under Articles 556 et seq. of the Civil Code.

The Seller is liable for defects discovered within two years from delivery (one year for second-hand goods).

The Consumer may request:

  • price reduction,

  • withdrawal from the contract,

  • repair,

  • replacement.

The Seller must respond within 14 days; otherwise, the claim is deemed accepted.

§6 Privacy Policy and Personal Data Protection

The Seller is the controller of personal data.

Personal data is processed in accordance with applicable Polish data protection laws.

The Buyer has the right to access, amend and delete their personal data.

Detailed rules are described in the Privacy Policy available at:
wloczkiwarmii.pl/polityka-prywatnosci

§7 Final Provisions

Nothing in these Terms and Conditions limits the Buyer’s statutory rights.

Registered Buyers will be informed of any changes by email at least 30 days before changes take effect.

The applicable version of the Terms and Conditions is always available at wloczkiwarmii.pl/regulamin.

In matters not regulated herein, Polish law applies.

Disputes may be resolved through mediation or arbitration, and ultimately by the competent court.

(Olsztyn, 25 December 2014)