Terms and conditions of use

Regulations of the online store sklep.wikoria.pl

I. Definitions

The terms used in the Regulations mean:

1. Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store;

2. Consumer – in accordance with art. 22 [1] of the Civil Code means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity;

3. Seller – PHU “WIKORIA” PAWEŁ BACZYŃSKI ul. Parkowa 8, 93-570 Łódź. Registration data: NIP: 7292597680, REGON: 100182222. Contact details: e-mail address: sklep@wikoria.pl, tel. +48 790 55 88 66; +48 42 683 21 26

4. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

5. Regulations – these Regulations for the provision of electronic services as part of the naplamki.pl online store;

6. Online Store (Store) – a website available in the naplamki.pl domain, through which the Customer may, in particular, place Orders;

7. Goods – products presented in the Online Store;

8. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between PHU Wikoria and the Customer, concluded using the Store’s website;

9. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);

10. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);

11. Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

12. Administrator – the administrator of personal data is PHU “WIKORIA” PAWEŁ BACZYŃSKI,

13. Proof of purchase of goods – a receipt or a VAT invoice issued by the Online Store

II. General provisions

2.1. These Regulations define the rules for using the online store available at naplamki.pl.

2.2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.

2.3. The online store, operating at the address: naplamki.pl, is run by

PHU “WIKORIA” PAWEŁ BACZYŃSKI ul. Parkowa 8, 93-570 Łódź. Registration data: NIP: 7292597680, REGON: 100182222. Contact details: e-mail address: sklep@wikoria.pl, tel. +48 790 55 88 66, +48 42 683 21 23.

2.4. These Regulations define in particular:

a) the rules for registering and using the account as part of the online store;

b) the terms and conditions for making electronic reservations of products available as part of the online store;

c) the terms and conditions for submitting orders via electronic means as part of the online store;

d) the rules for concluding Sales Agreements with the use of services provided as part of the online store.

2.5. Using the online store is possible provided that the IT system used by the customer meets the following technical requirements:

a) Internet browser: Mozilla Firefox version 3.0 and higher or Internet Explorer version 6.0 and higher, Opera version 9.0 and higher, Google Chrome version 10.0.6 and higher;

b) it is recommended to enable cookies and javascript in the web browser.

2.6. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on his own.

2.7. In accordance with applicable law, the Seller reserves the right to limit the provision of services via the Online Store to people who have reached the age of 18. In this case, potential customers will be notified of the above.

2.8. Customers can access these Regulations at any time via the link on the home page of naplamki.pl and download it and print it out.

2.9. The condition for using the website of the online store is consent to the processing of personal data by the Administrator and consent to the collection of cookies, the so-called cookies.

III. Rules for using the Online Store

3.1. Registration in the Store is voluntary.

3.2. Registration takes place by completing and accepting the registration form, available on one of the Store’s websites.

3.3. The condition for registration is consent to the content of the Regulations, the processing of personal data and the provision of correct personal data – marked as mandatory.

3.4. The Seller may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach by the Customer of the Regulations, the Rules for the processing of personal data or the rights of third parties, in particular when the Customer:

a) provided data during registration in the Online Store

e false, inaccurate or out of date, misleading or infringing the rights of third parties;

b) has infringed the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store;

c) has committed other behaviors that will be considered by the Seller to be inconsistent with applicable law or general principles of using the Internet or detrimental to the Seller’s good name.

3.5. A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of the Seller.

3.6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons. In particular, the Store uses anti-virus, anti-phishing and other software related to fraud and illegal processing of personal data.

3.7. The customer is obliged in particular to:

a) not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties;

b) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;

c) not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store;

d) use the Online Store in a way that is not inconvenient for other customers and for the Seller;

e) use of any content contained in the Online Store only for personal use;

f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

IV. Procedure for concluding a Sales Agreement

4.1. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to submit offers to conclude a contract, within the meaning of art. 71 of the Civil Code.

4.2. In order to conclude a Sales Agreement via the Online Store, go to the naplamki.pl website, agree to download cookies, the so-called cookies and for the processing of personal data, select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.

4.3. The choice of goods ordered by the customer is made by adding them to the basket.

4.4. When placing an Order – until the button “Order with payment obligation” is pressed – the Customer may modify the entered data and the selected Product. To do this, follow the messages displayed to the Customer and the information available on the website.

4.5. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information on:

a) the subject of the contract;

b) unit and total price of the ordered products or services, including delivery costs and additional costs (if any);

c) selected payment method;

d) chosen method of delivery;

4.6. In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the “Order with payment obligation” button.

4.7. In the case of ordering printouts from the Customer's own files, the Buyer confirms that he or she has the rights to reproduce, print and use the provided materials and that they do not violate the law, including copyright, property rights, image rights or registered trademarks. The store is not responsible for violating the above. rights by the Buyer.

4.8. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Seller, in accordance with the Regulations.

4.9. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.

4.10. The contract is considered concluded with the moment the Customer receives the e-mail referred to above.

4.11. The sales contract is concluded in Polish, with the content in accordance with the Regulations.

4.12. Customers can access these Regulations at any time via the link on the home page of naplamki.pl and download it and print it out.

4.13. Consolidation, protection and sharing of the Order data and the General Terms and Conditions takes place via e-mail.

V. Delivery

5.1. The delivery of the Goods takes place in the territory of the Republic of Poland and is sent to the address provided by the Customer when placing the Order.

5.2. The ordered Goods are delivered by courier, postal parcel or delivery to parcel machines. Delivery costs p

shows the price list on this page. Delivery costs will also be indicated at the time of placing the Order.

5.3. The delivery date is counted from the date the Customer sends the Order and is given on the Goods pages and at the time of placing the Order.

5.4. In the case of orders carried out outside the territory of the Republic of Poland, the shipping cost is determined individually for a given customer.

5.5. Providing false data by the Customer or placing an order in a way that prevents or significantly hinders its implementation (e.g. flooding) is charged to the Customer, and is also the basis for the Store’s refusal to implement it.

VI. Prices and payment methods

6.1. The prices of the Goods are given in Polish zlotys and include all components, including VAT (with the amount of the rate) and all other components.

6.2. The customer has the option to pay the price:

a) by transfer to the bank account number: 38 1090 2705 0000 0001 3696 1130;

b) payment in the Przelewy24 system;

PayPro SA (PayPro) - An entity providing the Service to Users, with its registered office in Poznań, Pastelowa 8 (60-198), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Register Court under KRS number 0000347935, NIP number 7792369887, with a share capital of PLN 5,476,300.00, fully paid up, and to the register of domestic payment institutions kept by the Polish Financial Supervision Authority under UKNF number IP24/2014;

c) payment by Visa, MasterCard payment cards. The credit card is charged when the Order is placed;

d) payment to the courier upon delivery.

VII. The right to withdraw from the contract

7.1. The Customer who is a Consumer has a 14-day period to withdraw from the contract. The consumer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

7.2. To exercise the right to withdraw from the contract, you must inform us via e-mail to the following address: sklep@wikoria.pl or in writing to the following address: PHU Wikoria “Zwroty”, ul. Parkowa 8, 93-570 Łódź, about its decision to withdraw from this contract by way of an unequivocal statement.

You can use the model withdrawal form, but it is not obligatory.

To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

7.3. Please send back or give us the item to the following address:

PHU Wikoria
“Returns”
ul. Parkowa 8
93-570 Lodz

immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

7.4. The right to withdraw from the contract is excluded and cannot be exercised if:

the service has been performed, and the Customer, informed that by requesting the service before the withdrawal deadline, will lose the right to withdraw from the contract without giving any reason, demanded the service immediately,

The ordered product has been prepared in accordance with the individual specification of the customer or for his individual needs, e.g. purchase of a product in accordance with the dimensions, logotype individually ordered by the customer, cut off from the running meter or otherwise modified,

the subject of the order is a product that for hygiene and health reasons was delivered in a closed package, and the customer opened it, e.g. a protective mask.

in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.

7.5. The provisions regarding the Consumer contained in these regulations apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

7.6. Consequences of withdrawal from the contract

In the event of withdrawal from this contract, we will reimburse you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods as

were used by you in the original transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. The condition for the return of the transferred amounts is to send the proof of purchase of the goods to the address of the store together with the ordered goods.

7.5. We may withhold reimbursement until we receive the item with proof of purchase or until proof of its return is provided to us, whichever occurs first.

VIII. Complaints about the Goods

8.1. The Seller is liable to the Customer who is a Consumer within the meaning of Art. 22 [1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in Art. 556 and art. 556 [1] – 556 [3] and subsequent of the Civil Code.

8.2. Complaints arising from the violation of statutory rights or under these Regulations should be sent via the internal RMA system to the customer’s account in the Online Store or by e-mail to the following address: sklep@wikoria.pl or in writing to the following address:

PHU Wikoria
“Complaints Department”
ul. Parkowa 8
93-570 Lodz.

You can use the complaint form template, but it is not obligatory.

The seller undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.

8.3. The seller is not always the producer of the goods. The manufacturer is liable under the warranty for the sold Goods under the conditions and for the period specified in the warranty card. If the warranty document provides for such a possibility, the Customer may submit his claims under the warranty directly to an authorized service center or to the address of the manufacturer whose address is included in the warranty card.

8.4. Entrepreneurs who purchase in the Online Store agree to exclude the Store’s liability under the warranty.

IX. Complaints regarding the provision of electronic services

9.1. The Seller takes steps to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.

9.2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store website.

9.3. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the following address:

PHU Wikoria
“Complaints Department”
ul. Parkowa 8
93-570 Lodz.

by e-mail at sklep@wikoria.pl or using the contact form.

9.4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.

9.5. The seller undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.

9.6. Complaints for non-performance or improper performance of payment services should be directed to the relevant settlement agent directly to the e-mail address, using the contact form or by phone – in accordance with the regulations for the provision of electronic payment services of a given settlement agent:

a) PayPro SA (PayPro) – Entity providing the Service to Users, based in Poznań, at ul. Pastelowa 8, 60-198 Poznań.

X. Exclusions of Liability

10.1. The online store, although it sets the rules for the use of the website located in the naplamki.pl domain, is not responsible for the content posted by third parties. These entities are solely responsible for the infringement of third party rights and undertake to indemnify the Online Store from any liability for damages caused by their actions or omissions.

10.2. The Online Store has the right to temporarily or completely limit or disable access to the website located in the naplamki.pl domain. The customer, using the website posted in the naplamki.pl domain, waives any claims against the Online Store.

10.3. The customer is solely responsible for any damage caused by his actions or omissions on the website, in particular by providing false data, disclosing a business secret, business secret or confidential information.

10.4. The customer is solely responsible for any damage caused by his actions or omissions on the website, in particular the lack of adequate security of access to his account.

10.5. The Store is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.

10.6. The store is not responsible to the buyer who is a consumer for the fact that the item sold does not have the properties resulting from the public assurances referred to in Art. 556 with n. 1 § 2, if he did not know these assurances or, judging reasonably, he could not know, or they could not have influenced the buyer’s decision to conclude the sale contract, or if their content was corrected prior to the conclusion of the sale contract.

XI. Settlement of disputes and final provisions

11.1. The customer who is a consumer may, if interested, use extrajudicial means of dealing with complaints and redress. Disputes regarding online purchases can be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use other methods of out-of-court dispute resolution and, for example, submit his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

11.2. If the Consumer is not interested in the possibility of using out-of-court dispute resolution methods, the settlement of any disputes arising between the Seller and the Consumer will be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

11.3. Settlement of any disputes arising between the Seller and the Customer, who is not also a Consumer, will be submitted to the court having jurisdiction over the seat of the Seller.

11.4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.