Terms of Service
Terms Of Service
- The Regulations set out the rules for the Users to use the Store run by the Seller, in particular placing orders for products available in the Store, delivering ordered products to the Customer, paying customers the sale price of products, Customers' rights to withdraw from the contract and rules for submitting and examining complaints.
- The Regulations are made available continuously on the Store's website in a manner enabling Users to obtain, reproduce and record them.
Terms used in the Regulations mean:
- Seller - Krzysztof Wasilewski conducting business activity under the company WASSERMAN, ul. Strumykowa 14, 72-320 Trzebiatów, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy, assigned a tax identification number (NIP): 8571068449 and REGON number 810886293, which conducts sales of goods within the Store . According to the entry in the business register of 19.04.1996 made by the Mayor of Trzebiatów, entry number 1857 - The address to which correspondence should be addressed is: Wasserman 72-320 Trzebiatów ul. Strumykowa 14 e-mail [email protected]
- Store - a collection of websites and IT tools (website) managed by the Seller and allowing Users to conclude Sales Agreements, available in the Internet domain: www.wasserman.pl.
- Customer - a User who concludes a Sales Agreement as part of the Store;
- Consumer - a consumer within the meaning of the Act of 23 April 1964 - Civil Code (consolidated text: Journal of Laws of 2014, item 121) is a natural person who performs a legal act not related directly to his business or professional activity .
- Entrepreneur - entrepreneur within the meaning of the Act of April 23, 1964 - Civil Code (consolidated text: Journal of Laws of 2014, item 121), i.e. a natural person, legal person and organizational unit conducting business on its own behalf business or professional;
- Sales contract - a sales contract concluded in the Store on the terms resulting from the Regulations between the Seller and the Customer;
- Regulations - these Regulations of the Store, referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- User - an Internet user using the Store.
- Virtual basket - the functionality of the Store, in which the products selected by the User for purchase are visible, as well as the determination and modification of order data, in particular: the number of products, delivery address, invoice data, delivery method, payment methods.
III. GENERAL TERMS AND CONDITIONS OF USING THE STORE
- Using the Store is possible provided that the User has:
- a) a computer or other device with access to the Internet and the following web browser:
- Internet Explorer version not older than 7.0,
- Mozilla Firefox version older than 3.0,
- Google Chrome,
with cookies enabled
- b) active e-mail account (e-mail).
- The user may at any time change the browser settings so that he does not accept cookies or informs about their transmission. Non-acceptance of cookies may, however, cause difficulties in using the Store. By using the browser by the User whose settings allow cookies to be saved on the User's computer or other device, the User consents to the above files being saved on that computer or other device. More information in this regard is available in the information placed under the regulations on the website www.wasserman.pl (tab "Regulations of the store).
- The User is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its technical elements.
- The User is obliged not to disclose to third parties his login and password used to log in to the Store.
- The Seller, to the fullest extent provided by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the User's technical infrastructure.
- The User who is not a natural person may use the Store through persons authorized to act on his behalf.
- The User's use of the Seller's name, Store logo and Store graphic elements as well as Store layout and composition, the so-called layout is prohibited, except for situations expressly indicated in the Regulations or when the use of the indicated copyright and industrial property items is possible on the basis of the express written consent of the Seller or authorized third parties. It is forbidden for the User to take any actions aimed at restoring the Store, in particular on websites and Internet domains associated with the User.
- The Customer may communicate with the Seller:
- a) in writing - to the correspondence address: Wasserman 72-320 Trzebiatów ul. Strumykowa 14
- b) by phone - at the phone number 913508592
- c) by electronic means - at the e-mail address: [email protected], [email protected]
- REGISTRATION IN THE STORE
- Registration in the Store requires the following cumulative conditions to be met:
- a) correct completion of the form available on the Store's website, providing personal data, email address and password,
- b) acceptance of the Regulations,
- c) consent to the processing of personal data in to the extent necessary to establish, determine the content, change, terminate and correctly perform the services provided electronically by the Seller and to implement the Sales Agreement concluded by the Customer.
- Registration in the Store, as well as the use of its functionalities are free.
- Viewing the Store's assortment does not require registration.
- In the case of a legal person and an organizational unit without legal personality, registration in the Store as well as all other activities of this entity in the Store, may only be performed by a person who is authorized to perform on behalf of this entity all activities related to the use of the Store (including registration) and to exercise all rights and obligations of this entity as a User (including the Customer).
- After registering in the Store, each login is carried out using the data provided in the registration form.
- In the event of any change to the User's data provided during registration, the User should update them before concluding the next Agreement, using the appropriate form available in the Store.
- Upon registration in the Store, a User account is created, which is a set of resources in which information about the User and his activities within the Store are collected in connection with concluded Agreements. As part of your account, the User has, among others access to the history of your orders in the Store. Each login to the User's account takes place using the data provided in the registration form.
- PLACING ORDERS
- GENERAL PROVISIONS
- a) Information about goods in the Store does not constitute an offer within the meaning of art. 71 of the Civil Code, but an invitation to submit offers (orders) by Users.
- b) All prices are in Polish zlotys and include VAT tax and do not include delivery costs. Delivery costs depend on the method of delivery chosen by the User, the value and size of the order and are given when selecting the method of product delivery by the User. The total cost of the order (i.e. the price of products including delivery costs) is indicated before the User places the order.
- c) By placing an order, the User submits an offer to buy a specific product.
- d) Orders are carried out in Poland and orders should be submitted in Polish.
- e) The User may place orders in the Store 7 days a week and 24 hours a day, subject to the remaining provisions of the Regulations, in particular the provisions regarding technical breaks. Products are shipped as soon as possible, no later than within 30 calendar days from the time the order is accepted for processing.
- f) All goods sold contain an exact description of their properties corresponding to the description used by the manufacturer. The description corresponds to the properties of the goods sold on the Store's website. It is also possible to individually agree the properties of the goods between the Buyer and the Seller, provided that such changes will be possible due to the properties of the goods.
- g) Individual settings of the User's computer or other device may cause differences between the visualization of the goods on the User's computer or other device and the actual appearance of the product (e.g. color, proportions, etc.). The customer who is a consumer is therefore entitled to withdraw from the contract in accordance with the provisions of point IX. Regulations (WITHDRAWAL FROM THE CONTRACT).
- h) The Seller reserves the right to make changes in the prices of goods on a current basis and to carry out and cancel all kinds of promotional campaigns. The entitlement referred to in the previous sentence shall not affect orders placed before the date of entry into force of the price change or promotional campaign conditions.
- PLACING ORDERS
- a) Users have the option of using the Store, including concluding Sales Agreements, both after registration in the Store and without registration.
- b) In the event of registration, the User should log in to his User account to place an order.
- c) In the case of using the Store, including the conclusion of the Sale Agreement without registration, Users are obliged to accept the Regulations. The Customer concluding the Sales Agreement without registration is obliged to complete all the fields of the form correctly and provide the data necessary to establish, determine the content, change, terminate and correctly implement the Sales Agreement concluded by the Customer in accordance with the actual state.
- d) In order to place an order, the User selects the goods which are the subject of the order, places in the Virtual basket the goods he wishes to purchase. When selecting goods, the User may freely manage the contents of the Virtual Basket by adding more goods to it or removing them from the Virtual Basket,
- e) After the final selection of goods to be purchased, the User is directed to the online form used to place orders in the Store. The order submission form may be composed of component forms used to determine:
- the method of delivery of the goods (if you choose delivery via courier, Poczta Polska or other postal operator, you may additionally enter your telephone number to contact the courier),
- address delivery,
- the method of payment for the goods,
- f) the User confirms the placement of the order by clicking the "I order and pay" button
- g) Placing the order constitutes an offer within the meaning of the Civil Code, submitted by the Seller User.
- h) The confirmation of receipt of the order will be automatically sent to the User's e-mail address. Confirmation of receipt of the order does not constitute acceptance of the order for execution.
- i) If the execution of the order is possible, a message will be sent to the User's e-mail address confirming the acceptance of the order for execution (acceptance of the offer). If the Seller finds that the order has been placed incorrectly, the Seller shall inform the User thereof.
- j) The contract is concluded when the Seller sends the User information about the acceptance of the order for execution. The order status will be changed to "In progress".
- k) In the absence of availability of the ordered goods or the inability to process the Customer's order for other reasons, including if the purchase of them from the manufacturer or supplier will not be possible within the time provided for the contract, the Seller shall immediately inform the Customer of the situation by sending a message to the indicated by the Customer's e-mail address or will provide information by phone to the number provided by the Customer.
- l) If the Seller cannot perform a service with properties ordered individually by the Customer due to the temporary inability to meet it, the Seller may, with the consent of the Customer, perform a substitute service, corresponding to the same quality and purpose, and for the same price or remuneration or in another manner agreed by the parties. .
- PRICE PAYMENT
- Payment for the purchased goods may be made:
- a) before collecting the subject of the order (payment in advance) - by bank transfer or via one of the electronic payment systems accepted by the Seller at that moment. In this case, the implementation of the order will take place after the Seller receives confirmation of crediting the amount due on his bank account or the correct execution of the payment by the Customer through one of the electronic payment systems accepted by the Seller at the moment by the entity making these payments.
- b) on delivery at the Seller's headquarters in Trzebiatów, ul. Strumykowa 14. In this case, the implementation of the contract will begin after the customer completes the ordering process.
- c) when collecting purchased goods delivered via courier, Poczta Polska or other postal operator (cash on delivery) - in cash. In this case, the order will be started after the Customer completes the ordering process.
- The User purchases the goods in accordance with the price and delivery costs applicable at the time of placing the order. The amount of delivery costs depends on the delivery method chosen by the User.
- Failure to receive payment to a bank account or via one of the electronic payment systems accepted by the Seller at a given moment within 14 days from the date of order confirmation, if this form of payment (payment in advance) is chosen as a form of payment, the order will be canceled.
- In the case of selling new goods, the seller is obliged to deliver goods free from defects. The seller is liable for defects of goods on the principles set out in applicable law. The regulation of this liability is contained in the provisions of the Civil Code, in particular in art. 556 and art. 5561-5563 of the Civil Code
- Goods sold by the Seller may be covered by a warranty granted by the manufacturer, distributor or Seller.
- Warranty entitlements should be exercised in accordance with the terms of the warranty card. Additional information on the warranty for individual goods can be found on the Store's subpages leading to specific goods. In the event of warranty claims, the Buyer is obliged to follow the instructions on the warranty card attached by the manufacturer. In the absence of such a card, a complaint should be submitted using the complaint form. Just click on the link: FILL IN COMPLAINTS FORM
- In the case of goods for which a guarantee has been granted, the Customer may complain about a product with defects:
- a) using the rights arising from the guarantee - in this case the Customer shall advertise the product directly to the guarantor (the entity granting the guarantee) ), and the Seller can only be an intermediary forwarding the complaint. The customer, at his choice, can contact the warranty service directly or the seller. If you want to exercise the rights arising from the warranty through the Seller, he is obliged to follow the instructions on the warranty card attached by the manufacturer. In the absence of such a card, a complaint should be submitted using the complaint form. Just click on the link: FILL IN THE COMPLAINT FORM
- b) using the rights granted to him by the Seller under the warranty - in this case you must submit a complaint in accordance with the provisions of point X. Regulations COMPLAINTS PROCEDURE.
- Goods purchased using the Store are delivered to the address provided by the customer.
- Goods purchased using the Store are delivered on behalf of the Seller by courier, Polish Post or other postal operator.
- Delivery costs depend on the method of delivery chosen by the Customer, the value and size of the order and are provided each time the User selects the method of delivery, before and after placing the order.
- The Seller shall publish on the Store's website presenting a given product information about the date within which the order will be delivered. The above information is an approximate time counted from the moment of acceptance of the order for implementation, referred to in point VI section 1 lit. a), b), c) of the Regulations. The delivery time depends on the availability of the goods.
- The Seller is obliged to deliver the purchased goods to the Customer no later than within 30 days from the day of concluding the contract. In the event of a delay, the Customer is entitled to set an additional deadline for the Seller to release the goods, and after its ineffective expiry may withdraw from the contract. In this case, the Seller is obliged to immediately return to the Customer the entire sum of money received from him, if any payment has already been made.
- The Customer is asked to check the outer packaging for damage during delivery. Damage to the parcel, including a breach of the seal (tape) is a premise for refusing to accept it from the courier. In such a situation, the Customer is requested to contact the Seller as soon as possible. The above in no way limits the consumer's rights arising from generally applicable law.
- The Seller is not responsible for non-delivery of goods for reasons attributable to the Customer, e.g. as a result of indicating an incorrect delivery address. In such a situation, the Seller will enable the Customer, if possible, to collect the goods from the indicated place, e.g. the seat of the Seller, unless the parties agree on a different way of passing the goods to the Customer.
- WITHDRAWAL FROM THE CONTRACT
- The Customer who is a Consumer who has concluded a Sales Agreement with the Seller using the Store, has the right to withdraw from the Sales Agreement without giving any reasons and without incurring costs, except for the costs referred to in paragraph 4 and 8, within 14 calendar days of receipt of the purchased goods.
- In order to withdraw from the contract, the Customer who is a Consumer is obliged to submit to the Seller a statement in this regard within the time limit specified in paragraph 1. To meet the deadline, it is sufficient to send a statement of withdrawal from the contract before its expiry to the company's correspondence address by registered mail. A statement of withdrawal may be submitted on the form, a template of which is attached as Annex 1 to these Regulations
. 3. In the event of withdrawal from the contract referred to in paragraph 1., the contract is considered
void. The consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect immediately, but not later than 14 days from the day on which he withdrew from the contract, unless the Seller has offered to collect the goods himself. To meet the deadline, it is enough to return the items before its expiry.
- In the event of withdrawal from the contract, the Buyer who is a Consumer covers the direct costs of returning the item.
- The Seller is obliged to immediately, not 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 delivery of the goods to the Consumer.
- 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.
- The Seller reserves the right to suspend the reimbursement of payments in the event of withdrawal of the Consumer from the contract until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
- If the Consumer has chosen a method of delivery other than the cheapest normal delivery method offered by the Seller, the Seller is obliged to pay the Consumer, apart from the equivalent of the price of the goods, only the costs associated with the cheapest method of delivery.
- The consumer is liable for a decrease in the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature of the good, its characteristics or functioning.
- The Seller reserves that he does not collect parcels sent to him on delivery and is not responsible for the costs associated with such shipments.
- The right of withdrawal is not entitled to the Consumer in relation to contracts:
- a) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract;
- b) 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;
- c) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
- d) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
- e) in which the Consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;
- f) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- g) concluded through a public auction;
- h) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
- If you want to make a refund, you must first make such a request using the form. Just click on this link: FILL OUT THE RETURN FORM
- COMPLAINTS PROCEDURE
- The consumer must choose the basis for submitting the complaint - a guarantee (if granted) or a warranty.
Complaints about defective consumer goods can be submitted, based on the warranty, to the guarantor (manufacturer, importer or seller).
If the consumer chose the warranty as the basis, then he shall file a complaint to the seller. The seller’s liability for the defective item lasts 2 years from its delivery.
- Complaints may be submitted in person at the Seller's headquarters, or using the complaint form. Just click on the link: FILL IN COMPLAINTS FORM
- When advertising a purchased product, the Customer is required to provide proof of purchase or a copy of the product and to provide information and circumstances regarding the subject of the complaint, in particular the type and date of the defect, requesting how to bring the product into compliance with the contract and Customer contact details.
- The customer submitting a complaint should provide the entrepreneur with defective goods - return it or personally deliver it to the place indicated in the contract. If, due to the type of item or the way it is fitted, delivery to the seller will be unduly difficult, the consumer must make it available to the seller at the place where he is.
- The seller has 14 days to respond to the complaint. If he fails to do so, it may be assumed that he considered the consumer's request justified. Importantly, timely reference of the seller to the complaint does not mean that he must at this time restore the goods to the state in accordance with the contract (i.e., e.g. repair it).
- If the complaint submitted by the Customer is considered in favor of the Customer, the Seller shall immediately replace the defective product with a product free of defects or immediately remove the defect and send it back at its own expense. If it is not possible to exchange the goods, remove the defect of the goods or reduce its price, the Seller will refund the amount due as soon as possible.
- TECHNICAL INTERRUPTIONS
- The Seller shall not be liable for the lack of access to the Store due to force majeure factors.
- The Seller reserves the right to interrupt access to the Store due to its technical service, maintenance or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that these breaks take place at night and last as short as possible.
XII. PROTECTION OF PERSONAL DATA
XIII. FINAL PROVISIONS
- The Seller undertakes to provide continuous information about the planned change in the Regulations within 14 days before the planned change on the Store's website. The amendment to the Regulations does not apply to Agreements concluded before the entry into force of the new Regulations.
- In all matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular the provisions of the Civil Code, the Act on the protection of personal data, the Act on the provision of electronic services and the Act on consumer rights.
- In the event of non-compliance of any provision of these Regulations with the applicable provisions, the relevant provisions of law shall apply, in place of the contested provision of the Regulations.
- Any disputes arising between the Customer who is not a Consumer and the Seller will be settled by the court competent for the seat of the Seller.
- Disputes arising from these Regulations arising between the Customer who is a consumer and the Seller may be settled by out-of-court complaint consideration and redress, in particular by permanent consumer arbitration courts at the Provincial Inspectors of Trade Inspection, in mediation proceedings conducted by the Trade Inspection and in proceedings conducted by the European Consumer Center in Poland, as well as by a competent common court.
- These Regulations shall enter into force on December 25, 2014.
Annex to the Regulations. Example of a Buyer's statement as a consumer about withdrawal from the contract:
Regulations to be downloaded in pdf format - CLICK HERE