TERMS AND CONDITIONS OF ONLINE STORE
1. GENERAL PROVISIONS
1. Internet store Waldin.pl, acting at the address: www.waldin.pl, is led by Waldemar Zawada Children's Collection, based at: Rozbórz Długi 66B, operating under NIP: 792-000-22-77, REGON: 005070353.
2. Online Shop Regulations define the principles of making purchases in the Waldin.pl online store and in particular the principles and procedure for the conclusion of distance sales agreements through the Store, as well as the procedure for complaints and the procedure for withdrawal from the contract by the Consumer.
3. As regards Services provided electronically these Regulations are the rules referred to in Article 9 of the Act on provision of services by electronic means of 18 July 2002. (i.e. Journal of Laws of 2020, item 344, as amended).
4. The Regulations are addressed to all customers of the Store. All customers are required to read the provisions of the Rules, before making a purchase.
5. Each Customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the version of the Regulations in force at the time of the order.
6. Any Customer can read the Rules at any time by clicking on the hyperlink "Store Rules" on the website Store www.waldin.pl. The Regulations can be downloaded and printed at any time.
7. All information contained on the website Store www.waldin.pl relating to the products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964. (i.e. Polish Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude an agreement, within the meaning of Article 71 of the Civil Code of 23 April 1964. (Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to buy the indicated Goods for the price and under the conditions specified in the description.
Rules - this set of regulations organizing the principles of using Store Services by customers.
Consumer (contracts concluded before 1 January 2021) - a natural person making a civil contract through the Store, not directly related to his/her business or professional activities.
Consumer (contracts entered into from 1 January 2021 onwards) - The following are considered to be Consumers:
- a natural person making a civil law contract through the Store, not directly related to his/her business or occupation - the so-called "Consumer stricto sensu".
- a natural person who concludes a civil contract through the Store, directly related to his or her business, where the content of the contract indicates that it is not of a professional nature for that person, arising in particular from the subject of his or her business, available on the basis of the provisions of the Central Register and Information on Business Activity - the so-called "Entrepreneur on the rights of the Consumer".
For the purpose of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer both to Consumers sensu stricto, as well as Entrepreneurs on the rights of Consumers.
Customer - a natural person (including Consumers), who is at least 13 years old (provided that he or she has obtained the consent of the legal representative), a legal person and an organizational unit that is not a legal person, to which special laws grant legal capacity, which uses the Services provided by the Store.
Order Form - a service available on the website of the Store, by means of which the Client can make a purchase, in particular by adding Goods to a Basket and specifying certain terms and conditions of the Sales Agreement, including delivery and payment methods.
Basket - an element of the Store, in which the Goods selected by the Client are visible and in which the Client can determine and modify the Order's data, including the number of purchased Products.
Store - the website belonging to the Seller, available at the domain: www.waldin.pl, through which the Client can purchase Goods from the Seller.
Seller - Waldemar Zawada with headquarters at: Rozbórz Długi 66B, NIP: 792-000-22-77, REGON: 005070353 who, in the course of his commercial or professional activity, offers sales via his website.
Goods - a movable thing traded between the Store and the Customer, whose terms of sale are specified in the Order Form.
Agreement for sale - agreement for remote sale of Goods concluded by the Client via the Store, usually by means of the Order Form.
3. RECEIVING AND PROCESSING ORDERS
1. The condition of using the Store is to be familiar with these Regulations and its acceptance. By placing an order the Customer accepts the Terms and Conditions.
2. Orders from customers are accepted by sending the Order Form, made through the website: www.waldin.pl or by e-mail to firstname.lastname@example.org, 7 days a week, 24 hours a day.
3. The order of Goods is fulfilled by choosing Goods the Client is interested in, clicking the button "ADD TO CART", located at the description of the Goods, and then, from the level of "CART", located in the tab of the Store, filling in the Order Form, including the choice of the form of delivery and payment or the choice of payment on delivery, if it is available for the chosen Goods, and then clicking confirmation of the purchase.
4. Entrepreneurs, deemed to be so-called Entrepreneurs with consumer rights (see definition of "Consumer" in these Terms and Conditions), entering into contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.
5. After placing an order, the Customer receives a confirmation of the order to his/her e-mail address specified in the Order Form
6. Upon receipt by the Customer of confirmation of acceptance of the offer, the process of execution of the order by the Seller begins, whereby:
a. in case of an order paid on delivery - it starts maximum on the next working day, after its confirmation by the Seller.
b. in the case of an order paid by traditional bank transfer - begins after the payment for the order is credited to the Store's bank account.
7. Orders placed in the Store are processed during the working hours of the store (on weekdays, Monday to Friday, from 7:00 to 20:00. Orders placed on weekdays after 20:00, on Saturdays, Sundays or holidays, will be processed the next working day.
8. The Customer will receive a message about acceptance of the order for execution, which is understood as a statement by the Seller to accept the offer. At the moment of its receipt by the Customer, the Sales Agreement is concluded.
9. A VAT receipt is issued for each order. On request, a VAT invoice will also be sent to the Customer.
10. The available means of communication between the Customer and the Store are:
a. E-mail - email@example.com
b. Phone 668892335
c. Fax - 166288197
d. Mailing address - firstname.lastname@example.org
11. The price given in the order is the total value that the Customer is obliged to pay (gross price). It includes the tax due and the cost of delivery.
12. Seller reserves the right to change prices in the Store, introducing new Goods for sale, conducting and cancelling promotional campaigns, or making changes in them, in accordance with applicable law.
13. If the Consumer will be required to pay more than the agreed price described in the preceding paragraph, the Shop shall immediately inform the Consumer of this fact, explaining the reason for the price difference. Charging the Consumer with additional costs shall be made only after obtaining the Consumer's express consent.
4. DELIVERY AND TRANSPORTATION COSTS
1. First The execution of shipping orders in Store takes place via:
2. Second Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and holidays will be processed the next working day.
3. The waiting time for delivery is usually: 3 working days. The waiting time consists of the time of processing the order, i.e. completing the Goods to the order and the expected delivery time, which is from 24 hours for Poland.
4. The seller is not responsible for delays resulting from the fault of the carrier.
5. During the reception of the parcel delivered by courier, the Client should in his presence thoroughly check the content and completeness of the parcel, the condition of the external packaging and the condition of the ordered Goods. In the event of damage to the package the Client should draw up together with the courier a damage protocol, in two identical copies signed by the Client and the courier.
6. It is possible to pick up the ordered Goods in person at the stationary Store, at the address: email@example.com.
5. PAYMENT PROCESSING
1. First Within the operation of the Shop the following methods of payment are possible:
1. cash on delivery - on delivery;
2. transfer, to a bank account - 18 1020 4913 0000 9502 0176 2475;;
2. A Customer who chose payment by bank transfer is required to pay for the order within five (5) working days from the date of order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the title of the payment it is sufficient to give only the number of the order placed. There is a possibility of extending the payment period, with prior notice to the Store staff.
1. The Seller shall be liable under the warranty for physical and legal defects of the Goods, to the extent specified in Article 556 and subsequent Civil Code Act of 23 April 1964. (Journal of Laws of 2020, item 1740, as amended).
2. Physical defect of the Goods consists in inconsistency of the sold Goods with the agreement, which occurs when:
- the Goods do not have properties that they should have for the purpose of the agreement, resulting from the circumstances or purpose;
- the Goods do not have properties, of which the Seller assured the Client;
- the Goods are not suitable for the purpose, which the Client informed the Seller about in the conclusion of the agreement, and the Seller did not make reservations as to such purpose;
- the Goods were delivered to the Client in an incomplete
3. Legal defect of the Merchandise takes place when the Merchandise is owned by a third party or is encumbered with a third party's right, when the limitation of the use or disposal results from a decision or ruling of a competent authority.
4. In the case of a Consumer equal to the Seller's assurances shall be treated as public assurances of the manufacturer or the entity that introduces the Goods into circulation, within the scope of its business activity, or that presents itself as the manufacturer. However, the Seller shall not be liable when such assurances were not known, or could not have been known, or when such assurances could not have affected the Consumer's decision to conclude the sales contract, and when the content of such assurances has been corrected before the conclusion of the sales contract.
5. The Seller is liable under the warranty, if a physical defect is found before the expiry of two years from the date of release of items to the Customer.
6. In the case of a Consumer, if a physical defect is found before the lapse of one year from the date of issuance of the Goods, it shall be presumed that the defect or its cause existed at the time of issuance of the Goods.
7. If the buyer is a Consumer, and a physical defect was found before the expiry of a year from the date of issue of the sold thing, it is assumed that the defect or its cause existed at the time when the danger passed to the buyer.
8. If the Goods have a defect, the Client may submit a statement of price reduction or withdraw from the agreement, unless the Seller shall promptly replace the defective Goods with goods free from defects or remove the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects.
9. If the Goods have a defect, the Customer may also request to replace the item with a defect-free one or to remove the defect.
10. The Consumer may, instead of defect removal proposed by the Seller, demand replacement of the Goods for free from defects or instead of replacement of the Goods demand removal of the defect, unless bringing the Goods into conformity with the agreement in the way selected by the Consumer is impossible or requires excessive costs as compared to the way proposed by the Seller.
11. The customer may not withdraw from the contract if the defect is insignificant.
12. Complaints relating to the Goods may be reported:
a. in writing, to the address of the registered office of the Seller;
b. by e-mail, to the address specified in confirmation of placing an Order.
13. A complaint should include:
a. details of the person making the complaint (name and surname, correspondence address, optionally - e-mail address and contact telephone number);
b. indication of the reason for the complaint and the content of the request;
c. number of the Order, appearing in the confirmation of acceptance of the Order;
d. the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the lodging of a complaint, but is not necessary to lodge it.
14. The Client, exercising rights under the warranty, shall deliver defective Goods, at the expense of the Seller, to the address: firstname.lastname@example.org.
15. The Seller undertakes to respond to the complaint within fourteen (14) days of its receipt.
16. If the complaint is justified, the Seller shall replace the defective Goods with Goods free from defects or remove the defect within fourteen (14) days from the date of filing the complaint by the Customer.
17. In the case of an effective withdrawal from the contract, the Seller shall make a refund within fourteen (14) days from the date of receipt of the withdrawal from the contract, provided that the payment shall not be refunded until the Goods are received back or the Customer provides evidence of their return.
18. If the Consumer demanded replacement of the item or removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen (14) days, it shall be deemed that the demand is justified.
19. The claim for removal of defects or replacement of Goods for defect-free shall expire after one (1) year, counting from the date of finding the defect. In the case of a Consumer, the period of limitation shall not expire before two (2) years.
20. The above provisions do not exclude the possibility of granting by the Seller a guarantee for the purchased Goods, which provides a separate warranty regulations.
7. RIGHT OF WITHDRAWAL
1. In accordance with the Act on Consumer Rights of 30 May 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of Goods purchased at the Store, without giving any reason, making an appropriate statement in writing, within fourteen (14) days, counting from the date of issuance of the Goods (i.e. from the date of receipt of the Goods by the Consumer). To keep this deadline by the Consumer is sufficient to send a statement before its expiry.
2. The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. Model statement is attached as Attachment No. 1 to these Regulations.
3. statement of withdrawal from the contract should be sent to the address: email@example.com.
4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date of withdrawal. To meet the deadline it is sufficient to send back the Goods before its expiry.
5. Goods should be returned to the address of the Seller: Rozbórz Długi 66B.
6. The Seller, within fourteen (14) days from the date of receipt of notice of withdrawal from the contract, shall reimburse to the Consumer all payments made by him, including the cost of delivery of the Goods, while the reimbursement of payments will not take place until the Goods are received back or the Consumer provides evidence of its return.
7. The Seller will refund the payment using the same method of payment used by the Consumer.
8. The Consumer shall bear the costs of returning the Goods to the Seller.
9. The right of withdrawal from the Sales Agreement is not entitled to the Consumer in relation to the contract:
- in which the subject of the performance is a thing not prefabricated, produced according to specification of the Consumer or used to meet his individual needs;
- in which the subject of the performance is a thing subject to rapid deterioration or having a short period of usefulness for use;
- in which the subject matter of the performance is a thing supplied in sealed packaging which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery;
- in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
- in which the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;
- for the supply of newspapers, periodicals or magazines with the exception of a subscription contract;
- in which the price or remuneration depends on fluctuations in the financial market which the trader does not control and which may occur before the expiry of the withdrawal period;
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed him about the loss of the right of withdrawal;
10. The right of withdrawal from a remote agreement is not granted to an entity other than the Consumer, in the sense adopted for the purposes of these Regulations (see the definition of "Consumer").
8. OUT-OF-COURT DISPUTE RESOLUTION
1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- Mediation is conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, proceedings are free of charge. The list of Inspectorates can be found at https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Aid from a permanent, territorially competent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a petition for mediation should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance from a municipal or district consumer ombudsman.
- The ODR Internet platform is available at http://ec.europa.eu/consumers/odr/.
2. This section entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Terms and Conditions as Consumers, the so-called "Entrepreneurs on consumer rights", which came into force for contracts concluded from 1 January 2021. In view of this, for all contracts, this chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.
9. PROTECTION OF PERSONAL DATA
1. The Customer, by placing orders, agrees to the processing, provided by him, of personal data, for the purpose of carrying out and servicing the order, by the Seller, who is also the administrator of personal data, within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.
2. The administrator of personal data, provided by the Customer while using the Store, is the Seller.
3. Personal data, located in the database of the Seller, are not transferred to entities that are not involved in the implementation of the Sales Agreement.
4. The Customer, in accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88 has the right to access his personal data, may request their correction or deletion. The Vendor provides each Customer with the right to control the processed personal data.
5. Providing personal data is voluntary, however, lack of consent to the processing of personal data prevents the implementation of the customer order.
10. FINAL PROVISIONS
1. First Regulations define the principles for the conclusion and performance of a Sales Agreement for Goods located on the website of the Store.
2. The sales contract is concluded between the Customer and the Seller.
3. Third Regulations are available to all customers in electronic version on the website Store www.waldin.pl.
4. In order to use the services of the store, it is necessary to have devices that allow access to the Internet and a web browser, allowing you to view web pages, as well as provide an e-mail address to send information about the implementation of the contract.
5. It is prohibited to all persons, including customers, posting illegal content on the Store.
6. In matters not covered by these Regulations the relevant provisions of commonly applicable law shall apply.
7. Regulations do not exclude and do not limit any rights of the Customer, being a Consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, these provisions shall prevail.
Attachment 1: Form for a withdrawal from a contract by a Consumer stricto sensu and an Entrepreneur on the rights of a Consumer
City: ___________, day: __________ year
Consumer/Entrepreneur with the rights of a Consumer:
Address: Rozbórz Długi 66B
FORMULARZ ODSTĄPIENIA PRZEZ KONSUMENTA LUB PRZEDSIĘBIORCY NA PRAWACH KONSUMENTA
OD UMOWY O ŚWIADCZENIE USŁUG
Niniejszym, działając na podstawie art. 27 ustawy o prawach konsumenta z dnia 30 maja 2014 r. (tj. Dz.U. z 2020 r. poz. 287, ze zm.), w brzmieniu:
Article 27 of the Consumer Rights Act
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 referred to in Article 33, Article 34(2) and Article 35.
I hereby give notice of withdrawal from the contract, entered into on _______________ r., consisting of:
In view of the above, I kindly request you to refund the following amount of money resulting from the withdrawal: ______ PLN (in words: _________________________________), which should be transferred to the following bank account number: _________________________.
(handwritten signature of the Consumer/trader with rights as a consumer)