TERMS AND CONDITIONS OF THE ONLINE STORE AND THE PROVISION OF SERVICES BY ELECTRONIC MEANS
www.wasylteam.com
PART I:
ONLINE STORE TERMS AND CONDITIONS
§ 1.
GENERAL INFORMATION
1. The owner of the online store at: www.wasylteam.com (hereinafter referred to as the Store) is Mateusz Wasilewski running a business under the name Mateusz Wasilewski wasylteam, at the address: ul. MC Skłodowskiej 1A lok. 7, 59-970 Zawidów. NIP 6152029320, REGON: 521680709(hereinafter referred to as the Seller).
2. The online store conducts retail sales via the Internet. The condition for placing an order in the Store is to fill in all the mandatory sections of the order form and to accept the terms and costs of delivery contained therein. The acceptance of the conditions and costs is considered to be sending the order form via the Internet.
3. The Employer is a natural person, legal person or an organisational unit without legal personality, to which the law allows for the acquisition of rights and obligations, which has completed the registration or application form. The natural person placing the order must be 18 years of age at the latest on the date of acceptance of the terms and costs of delivery contained in these regulations.
4. The consumer is the Ordering Party who is a natural person, concluding a contract not related directly to his business or professional activity.
5. The Ordering Party who is a natural person who concludes a contract directly related to his business activity, if the content of this contract shows that it does not have a professional nature for him, resulting in particular from the subject of his business activity, made available to him, will also be considered a Consumer. on the basis of the provisions on the Central Register and Information on Economic Activity.
6. The User is considered to be the person using the website www.wasylteam.com or the Store.
§ 2.
INFORMATION ABOUT THE PRICE AND ASSORTMENT OF THE STORE
1. The prices of the goods in the store’s assortment are gross amounts, ie including the tax on goods and services (VAT) in the applicable amount. Binding for the parties to the contract is the price disclosed for the product at the time of placing the order by the Ordering Party for the product version consistent with the description of the goods.
2. The assortment presented on the Store’s website does not specify the Store’s inventory status, and therefore the order fulfilment time may be different for individual goods. The order fulfilment date can be found in the description of the goods.
3. The Store’s website does not constitute an offer within the meaning of Art. 66 et seq. Of the Civil Code.
4. Promotions organised by the Store cannot be combined. Discounts for any other reason do not apply to the products covered by the promotion, unless the terms and conditions of the promotion state otherwise.
§ 3.
TIME OF ORDER COMPLETION.
1. The order fulfilment time is disclosed in the product description.
2. Order fulfilment dates are specified in the product description.
3. The delivery period begins, depending on the selected method of payment, from the date the amount of the order value is credited to the Seller’s bank account.
4. In the event of the Seller’s delay in the delivery of the ordered goods, the Ordering Party may set an additional deadline for the delivery of the goods, and after its expiry, may withdraw from the contract.
§ 4.
ORDER
1. The basis for the execution of the order is complete and truthful completion of the order form.
2. If false, incomplete or incorrect data is provided in the order form, the Seller will attempt to contact the Ordering Party in order to supplement or correct them. In the event of failure, the Seller will inform the Buyer about it in the possible way, based on the contact details provided by him, and will return the funds paid by him for this order to the Buyer.
4. After placing the order of the goods, the Ordering Party will transfer the sum of money indicated in the order to the Seller’s bank account by selecting the available payment methods. The above does not exclude the possibility of individual agreement of payment details between the Seller and the Ordering Party.
5. The Ordering Party, by placing an order using the mechanisms available on the Store’s website, submits an offer to conclude a contract for a specific product under the conditions specified in the product description. The contract is concluded when the Ordering Party receives confirmation of the Seller’s acceptance of the order form expressing the will to conclude the contract.
6. The condition for accepting an order for execution is its payment within 3 working days of placing the order. The exception is the individual arrangements between the Ordering Party and the Seller.
7. At the request of the Ordering Party, the Seller will issue a VAT invoice for the order.
8. If the invoice is to be issued to a legal person or an organisational unit without legal personality, to which the law grants the possibility of acquiring rights and obligations, the entity’s name, address, tax identification number and other data required for issuing the invoice, provided for by applicable regulations, should be provided. By making a purchase in the store, the Ordering Party agrees to issue an invoice in electronic form (without the Seller’s signature).
§ 4.
PAYMENT FOR ORDERED GOODS
1. The Seller allows the following forms of payment:
a) By bank transfer;
b) cash on delivery (does not apply to electronic content, e.g. e-books);
c) payment via the electronic payment operator
– the available payment methods will be indicated in the order form as part of the Store’s functionality.
2. In the case of payment by bank transfer, the order processing time is extended by the time of the transfer.
3. In the case of payment via the electronic payment operator, the terms and details of the service are specified in the regulations of the selected operator through which the payment will be made.
§5.
SHIPMENT AND RECEIPT OF GOODS
1. Delivery takes place only through entities providing courier or postal services. The goods are delivered to the address indicated by the Ordering Party in the order form.
2. The cost of delivery is covered by the Ordering Party in accordance with the Courier’s price list, except for promotional campaigns announced by the Seller, including this service. Delivery costs are shown next to the product description, and the cost of the selected delivery method is included in the order summary.
3. If the goods are ordered in large quantities or due to the properties of the goods ordered, the delivery may take place in separate batches after prior arrangement and confirmation via e-mail, fax or telephone with the Ordering Party.
4. Before picking up the parcel, in the presence of the courier, please check the condition of the packaging and the goods. If the parcel shows signs of damage or attempts to open it, we recommend that the courier refuse to accept it and confirm these activities by drawing up an appropriate protocol. The above will allow to improve the complaint procedure for a shipment damaged in transport by the courier.
§ 6.
LIABILITY INFORMATION FOR DEFECTS
1. The Seller is obliged to provide the Consumer with items free from defects. The Seller is liable to the Consumer if the item sold has a physical or legal defect (warranty). The Seller is liable under the warranty if a physical defect is found within 2 years from the date of delivery of the item to the Consumer.
2. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
1) does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
2) it does not have the properties that the seller has provided to the buyer, including by presenting a sample or pattern;
3) it is not suitable for the purpose of which the buyer informed the seller when concluding the contract, and the seller did not raise any objections to such a destination;
4) it was delivered to the buyer incomplete.
3.If the buyer is a consumer, the public assurances of the producer or his representative, the person who places the item on the market in the scope of his business activity, and the person who by placing his name, trademark or other distinguishing sign is presented as producer.
4. The sold item has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the seller or a third party for which the seller is responsible, or by the buyer who followed the instructions received from the seller.
5.If the buyer is a consumer and the physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed to the buyer.
6. The seller is also liable to the buyer if the sold item is the property of a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority; in the event of the sale of a right, the seller is also responsible for the existence of the law (legal defect).
§ 7.
WARRANTY INFORMATION
The goods offered in the Store – unless clearly indicated – are not covered by the Seller’s warranty. The seller is not a guarantor in the event of a warranty granted by the manufacturer of the goods. The above does not exclude the consumer’s rights under the warranty.
§ 8.
COMPLAINT PROCEDURE
1. If the Consumer finds a defect, the Consumer should inform the Seller about it. To meet the above obligation, it is sufficient for the Consumer to send an appropriate statement. In order to streamline the procedure, we recommend that you send the statement electronically (to the e-mail address: wasylteam@wp.pl). In the event of a defect, the goods with its description, as well as a possible indication of how to exercise the rights resulting from the warranty (or guarantee – if granted by the Seller), the Ordering Party may send to the Seller’s address, via a courier or postal operator or after agreement with The seller also personally.
2. The Seller will take a position on the complaint by means of a notification sent via e-mail or in any other manner convenient for the Ordering Party, within 14 days of the delivery of the goods to him, along with a letter expressing the content of the complaint.
3. If the rights exercised by the Consumer are exercised on the basis of the warranty, and the Seller does not take a position on the Consumer’s claim within 14 days, the request is considered justified.
4. In the case of exercising the rights resulting from the warranty, the costs related to the return of the goods to which the complaint relates, the Seller shall reimburse immediately after considering the complaint. The goods for which the rights under the warranty are exercised will, depending on the reported method of settling the matter, be repaired or replaced in accordance with the contract, and if it is impossible, the Seller will refund the Ordering Party the amount paid under the contract. If the Ordering Party agrees, the Seller will offer him other goods available in the Store’s offer to choose from, taking into account the difference in price between them and the goods for which the complaint has been accepted. In the event of a complaint being processed under a warranty (if granted by the seller), the conditions set out in this paragraph shall apply accordingly, unless
4. When the settlement of the Ordering Party’s complaint involves the delivery of new or repaired goods, all delivery costs shall be borne by the Seller.
5. The Store Regulations do not exclude, limit or suspend the rights of consumers under the Act of 23 April 1964 of the Civil Code (Journal of Laws 1964.16.93 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827 as amended) or other acts applicable under the applicable law governing the concluded contract.
§ 9.
WITHDRAWAL FROM THE CONTRACT
CONCLUDED AT A DISTANCE OR OUTSIDE THE ENTERPRISE
1. A consumer who has concluded a distance or off-premises contract may, within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 sec. 2 and art. 35 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827 as amended). The consumer may withdraw from the contract by submitting an appropriate statement in writing – a form, a model of which is attached as Appendix 2 to the above-mentioned the law.
2. To meet this deadline, it is enough to send a statement before its expiry. The declaration may be submitted by letter to the address ul. MC Skłodowskiej 1A lok. 7, 59-970 Zawidów or by e-mail to the address: wasylteam@wp.pl
3. The period for withdrawal from the contract begins:
1) for a contract in the performance of which the entrepreneur issues an item, being obliged to transfer its ownership – from taking possession of the item by the consumer or a third party designated by him other than the carrier, and in the case of a contract which:
a) includes many items that are delivered separately, in batches or in parts
– from taking possession of the last item, lot or part,
b) consists in regular delivery of items for a specified period of time – from taking possession of the first item;
2) for other contracts – from the date of the contract.
4. The items should be returned to the seller immediately, but not later than within 14 days from the withdrawal from the contract. Returned goods should be sent to the following address: ul. MC Skłodowskiej 1A lok. 7, 59-970 Zawidów.
5. The cost of returning the items is borne by the consumer. For large-size goods such as wardrobes, chests of drawers, sofas, shop windows, stationary exercise bikes, treadmills, large household appliances, due to the size and weight of these goods, in the event of withdrawal from the contract, returning the goods may involve higher costs than the usual parcel post. If you want to use the services of courier companies, it will be necessary to send a parcel on a pallet, which is more expensive than ordinary mail.
6. The seller is obliged to immediately, no later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the goods. If the consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the consumer.
7. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
8. If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or until the Consumer provides proof of its return, whichever occurs first.
9. The right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in the situations described in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827), including in relation to contracts:
1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
2) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
3) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
4) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
5) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
6) for the delivery of digital content that is not recorded on a tangible medium (e.g. e-books and audiobooks), if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract .
§ 10.
INFORMATION ON OUT-OF-COURT DISPUTES
1. The Seller informs about the possibility of using extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are regulated by separate regulations (e.g. the Act of December 15, 2000 on the Trade Inspection, Journal of Laws 2001.4.25 as amended).
2. Out-of-court settlement of disputes is also possible through mediation conducted in the form of negotiations conducted before a mediator. The result of mediation may be a settlement before the mediator, which will reflect the agreement concluded by the parties.
PART II:
REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES
§ 11.
USE OF ELECTRONIC SERVICES; MEDIA OF COMMUNICATION; COMPLAINT PROCEDURE IN CONNECTION WITH THE OPERATION OF THE WEBSITE AND THE STORE.
1.The Seller takes steps to ensure the proper operation of the Store and the website www.wasylteam.com to the extent that results from the current technical knowledge and undertakes to immediately remove defects or interruptions in the functioning that have been reported by users.
2. In contacts with the Ordering Party, the Seller uses devices for remote communication. The means of communication used by the Seller are:
E-mail: wasylteam@wp.pl
3. In order to use the functionality of the Store, the User may create a user account. The user account may be deleted at any time using the functionalities contained on the Store’s website or by sending a message with such a request to the Seller’s e-mail address indicated in paragraph 2 above or by letter to the Seller’s correspondence address indicated in §1 sec. 1 of these Regulations.
4. Pursuant to Art. 8 sec. 3 point 2 lit. b of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002.144.1204 as amended), we inform you that placing any illegal information or information that violates good manners on the Store’s websites is prohibited.
5. Using the Online Store and the website www.wasylteam.comit is possible provided that the ICT system used by the Ordering Party meets the following minimum technical requirements:
– Internet Explorer 10.0 or newer web browser with ActiveX support enabled, Java applets, JavaScript and cookies support
or
– Mozilla Firefox version 34.0 or newer with Java, JavaScript and cookie applets enabled,
– minimum screen resolution of 1024 x 768 pixels
– if you agree to receive an electronic invoice, you need software to open PDF files, eg Adobe AcrobatReader, to open it.
6. The User may notify the Seller of any defects or interruptions in the functioning of the website or the Store (Complaints).
7. The user may submit complaints regarding the functioning of the Store or website to the following address: ul. MC Skłodowskiej 1A lok. 7, 59-970 Zawidów or e-mail address wasylteam@wp.pl. The date of submission of the complaint is the date of its delivery by the Seller’s letter, and in the case of a complaint submitted by e-mail, the moment the message is entered on the e-mail server in a way that allows the Seller to read its content.
8. The User may submit a Complaint within 30 days from the date on which the defects or interruptions in the functioning of the website or the Store occurred. The above does not affect the User’s ability to pursue claims resulting from generally applicable legal provisions.
9. In the Complaint, the Customer should provide: his name and surname, correspondence address, type and date of occurrence of the reasons justifying the submission of the Complaint.
10. The complaint will be considered by the Seller within no more than 30 days from the date of its receipt. The Seller shall immediately inform the User about the results of considering the Complaint.
PART III:
INFORMATION ON PERSONAL DATA PROTECTION
§ 11.
PERSONAL DATA PROTECTION
1. Personal data provided by users of the Online Store are processed by Mateusz Wasilewski running a business under the name Mateusz Wasilewski wasylteam, at the address: ul. MC Skłodowskiej 1A lok. 7, 59-970 Zawidów, NIP 6152029320, REGON: 521680709
2. The personal data provided during registration or making a purchase will be processed only for the purpose of the contract between the Seller and the Ordering Party and the sales records, and if the Ordering Party agrees, also for marketing purposes (newsletter).
3. The Ordering Party provides personal data on a voluntary basis, however, refusal to provide them or incomplete provision of them may prevent the Seller from performing the contract or service in a proper manner.
4. The Ordering Party has the right to access their data and correct them, and may also request that their data be deleted from the database by the Seller.
5. The contracting authority has, inter alia, the right to request supplementing, updating, rectifying personal data, temporary or permanent suspension of their processing or their removal – if they are incomplete, out of date, untrue or were collected in violation of the act or are no longer necessary to achieve the purpose for which they were collected. The entrusted personal data is stored and secured in accordance with the principles set out in applicable law.
6. Sending the order is tantamount to consenting to the processing of personal data for the purpose of order fulfilment.
7. Detailed information on the scope and method of personal data processing, as well as on the rights to which you are entitled, can be found in our Privacy Policy.
INFORMATION ABOUT THE RIGHT OF WITHDRAWAL
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT