WEBSHOP REGULATIONS
§ 1
GENERAL PROVISIONS
- The www.wooden-castle.com shop operates on the principles set out in these Regulations.
- The Regulations define the conditions for the conclusion and termination of Sales Agreements and the procedure for making complaints, as well as the types and scope of services provided electronically by the www.wooden-castle.com shop, the rules for the provision of these services, the conditions for the conclusion and termination of agreements on the provision of services electronically.
- Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts using the electronic services of the www.wooden-castle.com shop.
- In matters not covered by these Regulations, the provisions of:
- the Act on Electronic Service Provision of 18 July 2002,
- the Act on Consumer Rights of 30 May 2014,
- Act on out-of-court resolution of consumer disputes of 23 September 2016,
- Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
ORDER FORM – a form available on the website www.wooden-castle.com enabling the placement of an Order.
CUSTOMER – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER – a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
ENTERPRISER – a natural person, a legal person and an organizational unit which is not a legal person but to which the law grants legal capacity, conducting in its own name economic or professional activity.
PRODUCT – a movable item available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
RULES – these rules of the Store.
SHOP – the online shop of the SERVICE provider operating at www.wooden-castle.com.
SELLER, SERVICE PROVIDER – Wooden-Castle Jakub Pyrek
CONTRACT OF SALE – the Contract of Sale of a Product concluded between the Customer and the Seller through the agency of the Shop.
ORDER – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE – the value expressed in monetary units which the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
The www.wooden-castle.com shop sells Products via the Internet.
Products offered in the Shop are new, in accordance with the agreement and have been legally introduced to the market.
The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.
The price of the Product is shown on the website of the Store. The price does not include delivery costs.
Orders may be placed via the website (by configurator
) – 24 hours a day, all year round.
The condition of placing an Order in the Store by the Customer is reading the Terms and Conditions and accepting their provisions at the time of placing the Order.
§ 4
CONCLUSION OF A SALES CONTRACT
In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3.5 and § 3.6 of the Terms and Conditions.
After placing an Order, the Seller shall immediately confirm its receipt.
Confirmation of receipt of the Order as referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order takes place by sending an e-mail message.
Confirmation of receipt of the Order contains:
confirmation of all essential elements of the Order,withdrawal form,
these Terms and Conditions including instructions on the right of withdrawal.
Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed with a proof of purchase which will be attached to the Product.
§ 5
METHODS OF PAYMENT
The Seller provides the following payment methods:
payment by traditional transfer to the Seller’s bank account,
payment through an electronic payment system.
In case of payment by traditional transfer, the payment should be made to the bank account no:
PLN:
ING Bank Śląski S.A.
PL 80 1050 1315 1000 0092 7793 8131
EURO:
ING Bank Śląski S.A.
PL 37 1050 1315 1000 0097 6620 1306
BIS SWIFT code: INGBPLPW
Please write “Order No. …” in the title of the transfer.
In the case of payment through the electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish banks.
The product will be dispatched only after it has been paid for.
§ 6
COST, TIME AND METHODS OF DELIVERY OF THE PRODUCT
The Product delivery costs to be covered by the Customer are determined during the process of placing the Order.
The Product delivery term consists of the Product production time and the time of delivery of the Product by the carrier:
the time for completion of the Products is 6-8 weeks,
the delivery of the Products which are movable items by the carrier depends on the country of destination (delivery only takes place on working days excluding Saturdays, Sundays and holidays).
§ 7
PRODUCT COMPLAINTS
Complaint for non-conformity of the Product with the agreement.
The basis and scope of the Seller’s liability towards the Customer who is a Consumer for non-compliance of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014,
the basis and scope of the Vendor’s liability towards the Customer who is an Entrepreneur on account of warranty are set out in the Civil Code Act of 23 April 1964,
The Seller is responsible towards the Customer who is a Consumer for the lack of conformity of the Product with the agreement existing at the moment of delivery of the Product and revealed within 2 years from that moment, unless the term of usefulness of the Product specified by the Seller or persons acting on behalf of the Seller is longer,
Notification of the Product’s non-conformity with the agreement and filing an appropriate request can be made via e-mail to: contact@wooden-castle.comlub in writing to the address: Wooden Castle Jakub Pyrek
Nosala Street 1
32-620 Brzeszcze
tel. 517-256-818
Poland
In the above written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and your contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Seller,
for the purpose of assessing irregularities and non-compliance of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller and the Seller is obliged to collect it at his own expense,
The Seller shall respond to the Client’s request immediately, no later than within 14 days from the date of complaint,
in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days from its submission is tantamount to accepting it,
in connection with a justified complaint from a Customer who is a Consumer, the Seller respectively:
cover the costs of repair or replacement
reduce the price of the Product (the reduced price must remain in the proportion of the price of the goods in conformity with the contract to the goods not in conformity with the contract) and return the value of the reduced price to the Consumer within 14 days from the receipt of the statement of price reduction from the Consumer at the latest,
in the event of withdrawal from the contract by the Consumer – the Seller shall return the price of the Product to the Consumer at the latest within 14 days of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer shall immediately return the goods to the Seller
the response to the complaint shall be given on paper or on another durable medium e.g. by e-mail or SMS.
§ 8
RIGHT OF WITHDRAWAL
Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from the contract without giving reasons by making an appropriate statement within 14 days.
In the event of withdrawal from the agreement, the Sales Agreement is considered unconcluded and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to receive it immediately, but no later than 14 days from the day on which he or she withdrew from the agreement.
In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: Wooden Castle Jakub Pyrek
Nosala Street 1
32-620 Brzeszcze
tel. 517-256-818
Poland
The Consumer shall be liable for diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided the Consumer with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer shall handle and inspect the Products only in the same manner as he would be able to do so in a stationary shop.
Subject to clauses 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product plus the costs of delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer. Subject to point 7 of this paragraph, the reimbursement shall be made immediately and, at the latest, within 14 days of receipt by the Seller of the Seller’s statement of withdrawal from the Sales Agreement.
If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller shall not be obliged to reimburse him the additional costs incurred by him.
If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of the payment received from the Consumer until he receives the item back or provides proof of its return, whichever event occurs first.
The Consumer withdrawing from the Sales Contract, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
The 14-day period in which the Consumer may withdraw from the contract shall be calculated for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership – from the day on which the Consumer (or a third person indicated by him/her other than the carrier) took possession of the Product.
The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sales Agreement, inter alia, in which the subject of performance is a non-refabricated product, manufactured to the Consumer’s specification or serving to satisfy his/her individual needs.
Both the Seller and the Customer have the right to withdraw from the Sales Agreement in case the other party to the agreement fails to perform its obligation within a strictly specified period of time.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider makes it possible to use an Electronic Service via the Shop, which is the conclusion of Sales Contracts for a Product.
Provision of Electronic Services to Customers in the Shop takes place under the conditions specified in the Terms and Conditions.
The Service Provider has the right to place advertising content on the Shop’s website. Such content constitutes an integral part of the Shop and the materials presented therein.
§ 10
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Provision of Electronic Services specified in § 9.1 of the Regulations by the Service Provider is free of charge.
The agreement for the provision of Electronic Services consisting of placing an Order in the Store is concluded for a definite period of time and shall terminate at the moment of placing the Order or at the end of its placement by the Customer.
Technical requirements necessary for cooperation with the tele-information system used by the Service Provider:
computer (or mobile device) with access to the Internet,
access to e-mail,
web browser,
enable Cookies and Javascript in the web browser.
The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for personal rights and intellectual property rights of third parties.
The Customer is obliged to enter data in accordance with the facts.
The Customer is prohibited to provide unlawful content.
§ 11
FINAL PROVISIONS
Contracts concluded through the Shop are governed by Polish law.
If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
Any disputes arising from Sales Agreements between the Shop and Consumers shall be resolved first of all by way of negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes shall be settled by the competent common court, in accordance with point 4 of this paragraph.
Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
A Customer who is a Consumer also has the right to use out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
