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TERMS AND CONDITIONS OF SALE

Seller: Mebloteka Wajnert sp. J. With headquarters in Międzybórz, ul. Kolejowa 67, 56-513 Międzybórz

§ 1 Definitions of terms

The following definitions of terms are introduced into the Regulations:

  1. Price of the Goods – the price of the Goods together with the applicable tax on goods and services (VAT), published on the Service Provider’s Website. The price of the Goods is expressed in Polish zloty, includes VAT and includes the KGO fee (in cases required by law). The price does not include additional services, including installation costs or the costs of Final Delivery.
  2. Final Price – constitutes the Price of the Goods together with: (I) costs of delivery of the Goods or (II) costs of delivery with the delivery of the Goods.
  3. Final Delivery – means the actual act of delivering the Goods to the Customer by the Seller to the address indicated in the Order, specified in the Order. As part of the Final Delivery, the Customer chooses: (I) the service of delivering the Goods to the indicated address or (II) the service of delivering the Goods to the indicated address with bringing the Goods home / apartment.
  4. Client – a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, able to acquire rights or incur liabilities on its own behalf, who purchases in the Service Provider’s Online Store.
  5. Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
  6. Payment Operator – a company under the name: PAYU S.A. with headquarters in Poznań, ul. Grunwaldzka 186, 60-166 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto I Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number: 0000274399, REGON: 300523444, NIP: 7792308495, which is the provider of payment services within the meaning of the Act of 19 August 2011 on payment services, performing the function of the so-called payment gateway.
  7. Information about the Planned Delivery of the Order – telephone information (i.e. a telephone call or text message) or e-mail information in which the Seller undertakes to notify the Customer about the planned date of the Final Delivery of the Goods:
  8. provided no later than 7 calendar days before the date of the Final Delivery and
  9. provided no later than 24 hours before the date of the Final Delivery.
  10. Notification of Order Completion – an electronic message confirming the conclusion of the Sales Agreement between the Seller and the Customer, containing information about the Order, such as: Order date, payment status, delivery address, invoice data (if required), e-mail address and Customer’s contact telephone number, information about the value of the Order broken down into the cost of the Goods and the cost of the Final Delivery, as well as detailed data identifying the Seller (including: company, registered office address, e-mail address or telephone number at which the Customer may contact the Seller ) – automatically generated and sent electronically by the Service Provider to the Customer’s e-mail address.
  11. Regulations – these regulations.
  12. GDPR – 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.
  13. Website – a website available on the Internet at: www.wajnert.pl and all functions and tools provided by this Website.
  14. Online Store – Website functionality through which the Customer can purchase the Goods.
  15. Seller – Mebloteka Wajnert sp. j. with its headquarters in Międzybórz, ul. Kolejowa 67, 56-513 Międzybórz, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under KRS number: 0000148419, REGON: 932120116, NIP: 9111733443.
  16. Goods – products offered by the Service Provider for sale to the Customer by the Seller. The current offer of the Goods is presented at the Online Store.
  17. Sales Agreement – means a sales agreement concluded remotely between the Customer and the Seller, on the terms set out in these Regulations.
  18. Service Provider – a company under the name: Wajnert Meble Sp. z o.o. with headquarters in Międzybórz, ul. Kolejowa 67, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under the number KRS: 0000429627, REGON: 021935154, NIP: 9112006047, cooperating with the Seller.
  19. Order – Customer’s declaration of will, aimed directly at concluding a Distance Sale Agreement in the Online Store.

§ 2 Placing orders

  1. The Customer may place an Order in the Service Provider’s Online Store 7 days a week, 24 hours a day, except for technical breaks and other force majeure events that prevent the use of the Online Store.
  2. The Customer completes the Order by selecting the Goods (s) he / she is interested in and adds to the “basket”. When placing an Order, it is required to complete the data regarding the selected Good and the Customer’s data necessary to complete the Order.
  3. For the Order, the Customer pays the Final Price, which is the Price of the Goods together with the costs of the Final Delivery.
  4. The order is considered to be properly placed upon the payment of the Final Price by the Customer to the Payment Operator. Orders will be processed in the order in which they are submitted.
  5. Upon payment of the Final Price by the Customer to the Payment Operator, a Sales Agreement is concluded between the Customer and the Seller, binding both parties to the transaction.
  6. The Seller carries out Orders for Goods placed via the Online Store, in accordance with these Regulations and the regulations of the Service Provider’s Website.
  7. The commencement of the Order execution is confirmed by e-mail by the Service Provider within 1 day from the date of the correct payment, by sending the Order Completion Notification to the Customer. By placing an Order, you agree to be contacted by phone and receive e-mails with information necessary for the implementation of the Sales Agreement.
  8. The Seller issues a sales document in the form of a VAT invoice or a receipt and delivers it to the Customer at the time of the Final Delivery.

§ 3 Payment methods

  1. The following payment methods are offered to the Customer in the Online Store: online payment method via a quick online transfer or a payment card. It also allows you to postpone the payment date for purchased products up to 30 days at no additional cost.
  2. The quick payment service (etransfer) is provided by the Payment Operator. Any complaints regarding fast electronic payments may be submitted by the Customer directly to the Payment Operator.
  3. The Seller may transfer the rights and obligations resulting from the concluded Sales Agreement to other entities only with the prior consent of the Customer expressed in writing under pain of nullity. The Customer may transfer the rights and obligations resulting from the concluded Sales Agreement to other entities only with the prior consent of the Seller in writing under pain of nullity.

§ 4 Delivery and execution of the Order

  1. The customer can choose the method of Final Delivery and pay accordingly. As part of the Final Delivery, the Customer chooses: (I) the service of delivering the Goods to the indicated address or (II) the service of delivering the Goods to the indicated address with bringing the Goods home / apartment.
  2. The delivery of the Goods is available only on the territory of the Republic of Poland.
  3. If the form of Final Delivery is chosen, the costs of the service may depend on the dimensions and quantity of the ordered Goods. The Customer is informed about the costs and forms of Final Delivery before placing the Order. The information is provided in the “basket”.
  4. The Seller undertakes to complete the Final Delivery to the Customer within the time limit specified in the Order.
  5. The Seller, by virtue of these Regulations, undertakes to ensure that the relevant documents are delivered to the Customer along with the Final Delivery of the Goods.
  6. The Final Delivery is carried out after the Seller provides the Customer with the Information on the Planned Delivery of the Order, as defined in § 1 point 7 of the Regulations.
  7. In the event of an unsuccessful attempt to complete the Final Delivery to the Customer, the Seller undertakes to make at least 2 further attempts to contact the Customer by calling the telephone number indicated by the Customer in the Order.
  8. The Seller shall not be liable for any delay in the Final Delivery or failure to deliver the Goods due to an incorrect or inaccurate address provided by the Customer.
  9. In the event of failure to complete the Final Delivery due to the fault of the Customer (in particular in cases such as: incorrect or inaccurate address / lack of contact with the Customer / incorrect telephone number), the Seller has the right to withdraw from the Sales Agreement. The Seller will send the Customer to the e-mail address a declaration of withdrawal from the Sales Agreement pursuant to art. 492 of the Civil Code. Before withdrawing from the Sales Agreement, the Seller will make one more attempt to contact the Customer by sending an e-mail to the e-mail address indicated in the Order or by calling the telephone number indicated by the Customer in the Order.
  10. In the event of the conditions described in point 9 above, the Seller returns the value of the paid Order to the Customer in the same way as the Customer paid for the Order.

§ 5 The Seller’s liability for defects in the goods sold and the complaint procedure  

  1. The Seller is responsible to the Customer for delivering the Goods in accordance with the Sales Agreement.
  2. The Seller is liable to the Customer for physical and legal defects of the sold item for a period of two years from the date of delivery of the item, in accordance with the provisions of the Civil Code.
  3. In the event of a defect in the Goods, the Customer has the following rights:
    • a) submitting a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defects. The Customer who is a Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a Product free from defects, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Consumer. The seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
    • b) request to replace the defective Product with a Product free from defects or to remove the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. If the buyer is an entrepreneur, the Seller may refuse to replace the Product with a Product free from defects or to remove the defect, also when the costs of compensating this obligation exceed the price of the Product. The Buyer may not withdraw from the Sales Agreement if the defect is not significant.
  4. If the Consumer requests replacement of the Product or removal of defects or submits a price reduction statement specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 days, it is considered that the request is justified.
  5. Complaints regarding the non-compliance of the Goods with the Sales Agreement or defects in the goods sold should be reported in the following form: electronic.
  6. The complaint of the purchased Goods takes place via the complaint form on the wajnert.pl website along with the reasons for the complaint, which should include: information identifying the Customer (i.e. name, surname, address, e-mail address, telephone number, Order number), information identifying the purchased Goods, the date of purchase and a detailed description of any defects or non-compliance of the Goods with the Sales Agreement.
  7. In the event of missing essential information in the complaint, the Customer is obliged to supplement it within 3 days from the date of notification of the deficiencies by the complaint department, otherwise the complaint will be considered on the basis of the information provided so far. Consideration of a complaint on the basis of an incomplete application does not exclude the possibility of the Customer submitting another complaint application supplemented with the necessary information.
  8. Pursuant to Art. 38 (a) of the Act of 30 May 2014 on consumer rights, the provisions regarding the Consumer contained in this chapter, also apply to a natural person concluding a Sales Agreement directly related to his business, when the content of the Sales Agreement shows that he does not have it is for this person of a professional nature, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 6 The right to withdraw from the Sales Agreement. Return.

  1. The provisions of this section apply only to Customers who are Consumers. Pursuant to the provisions of law, the Customer who is a Consumer has the right to withdraw from a distance contract within 14 days without giving any reason.
  2. The deadline to withdraw from the Sales Agreement shall expire after 14 days from the date on which the Customer came into possession of the Goods or on which a third party (other than the Seller or the carrier) indicated by the Customer came into possession of the Goods.
  3. The Seller declares that the Service Provider provides the Customer with access to the Goods return form via the Website. Information on the right to withdraw from the Sales Agreement is provided to the Customer at the time of sending the Order Completion Notification to the Customer’s e-mail address.
  4. To exercise the right to withdraw from the Sales Agreement, the Customer is obliged to inform about his decision to withdraw from the Sales Agreement by way of a unilateral declaration, using the Goods return form via the Website.
  5. The Seller undertakes to ensure the procedure of returning the Goods to the Seller’s warehouse in compliance with the provisions of the Act of May 30, 2014 on consumer rights.
  6. The Seller undertakes to immediately (ie not later than within 14 days from the date of reporting the return of the Goods by the Customer) return the payments made by the Customer. The reimbursement will be made using the same payment methods that were used by the customer in the original transaction, unless he expressly agrees to a different solution. The Customer shall be reimbursed all payments received so far, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by them other than the cheapest standard delivery method offered).
  7. The Seller may withhold the reimbursement until receipt of the Goods.
  8. In the event of exercising the right to withdraw from the Sales Agreement, the Customer shall return or transfer the item to the Seller’s address, immediately, and in any case not later than 14 days from the date on which he informed about the withdrawal from the Sales Agreement. The deadline is met if the Customer sends back the Goods before the deadline of 14 days.
  9. The return of the Goods cannot be made in the form of a cash on delivery shipment.
  10. In the event of exercising the right to withdraw from the Sales Agreement, the Customer shall bear the direct costs of returning the Goods.
  11. The Customer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish its nature, characteristics and functionality.
  12. If it is possible, the Customer should return the Goods in the original and undamaged manufacturer’s packaging together with the proof of purchase and any other items / documents received in connection with the purchase of the Goods, however, the possibility of returning the Goods is not dependent on this.
  13. Notwithstanding the provisions of point 12 above, the Seller is entitled to verify the condition of the Goods returned by the Customer, including by unpacking and repacking it. In a situation where the Product turns out to be defective, damaged or packed in a way that proves its damage in transit, it may refuse to return the Product.
  14. In a situation where the Customer decides to return the Goods in accordance with this chapter, the Sales Agreement is deemed not to have been and when a VAT invoice has been issued for sale, the Customer will be issued a correcting invoice to the purchase document.
  15. In the case of returning the Product from the Order, to which it was attached a free promotional item, the Customer is also obliged to return the item free of charge.
  16. The right of withdrawal does not apply to a contract in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.
  17. The right of withdrawal does not apply to the contract 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.
  18. The right of withdrawal does not apply to a contract where 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 package has been opened after delivery.
  19. The right of withdrawal does not apply to a contract in which the subject of the service are items that after delivery, due to their nature, remain inseparably connected with other items.
  20. Pursuant to the provisions of law, the Consumer, in order to withdraw from the Sales Agreement, may use the model withdrawal form indicated in Annex 2 to the Act of 30 May 2014 on consumer rights or from the form referred to in this chapter.
  21. The Customer who is a Consumer bears only the direct costs of returning the Goods (i.e. the cost of delivering the Goods to the Seller) and is responsible for reducing the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  22. Pursuant to Art. 38 (a) of the Act of 30 May 2014 on consumer rights, the provisions regarding the Consumer contained in this chapter, also apply to a natural person concluding a Sales Agreement directly related to his business, when the content of the Sales Agreement shows that he does not have it is for this person of a professional nature, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 7 Out-of-court complaint handling, redress and access to procedures  

  1. Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection. , Provincial Inspectorates of the Trade Inspection and the Office of Competition and Consumer Protection.
  2. When he wants to use out-of-court complaint and redress methods, the Consumer may turn to institutions dealing with the protection of consumer rights and interests, in particular to:
    1. a poviat (municipal) consumer ombudsman,
  3. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes (regarding contractual obligations arising from an online sales contract or contract for the provision of services) between consumers and entrepreneurs, at the EU level (ODR platform).

§ 8 Personal data protection

  1. The processing of Customers’ personal data takes place in accordance with the provisions of the GDPR and in accordance with the Act of May 10, 2018 on the protection of personal data.
  2. Providing personal data by the Customer is voluntary, but it is a condition for concluding a Sales Agreement.
  3. The administrators of the personal data of the Customer who orders the Goods and implements the Sales Agreement concluded with the Seller are:
  4. the Service Provider to the extent that it is necessary to enable the submission of an Order for the Goods and the performance of the Sales Agreement concluded by the Customer with the Seller,
  5. Payment Operator to the extent that it is necessary to enable the Customer to make a payment using the tools provided by the Payment Operator and,
  6. the Seller to the extent that it is necessary to enable the Customer to conclude and implement the Goods Sale Agreement.
  7. The Seller has appointed a Data Protection Officer, whom the Customer may contact regarding the protection of his personal data and the exercise of his rights by e-mail: dane.osobowe@wajnert.com.pl or in writing to the address of the Seller’s registered office.
  8. Personal data provided by the Customer will be processed by the Seller for the following purposes:
    1. in order to conclude and perform the Sales Agreement (the basis of Article 6 (1) (b) of the GDPR);
  9. The seller processes the following categories of data:
    1. basic identification and residence data, i.e. city, street, house / flat number, zip code, name, surname, telephone number;
  10. The Seller may share the personal data of Customers with its subcontractors, that is entities which it uses to process the data.
  11. The Seller does not transfer Customers’ personal data outside of Poland.
  12. Personal data obtained in order to conclude a Sales Agreement are stored for the period necessary to conclude and perform the Sales Agreement and until the end of the limitation period for potential claims under the Sales Agreement.
  13. Basic contact details are stored by the Seller for the purposes of direct marketing until an objection to such processing is raised or consent is withdrawn, if the data processing was carried out on the basis of the so-called marketing consent.
  14. Each customer who has provided his personal data has the following rights under the GDPR:
    1. the right to access his data and receive a copy thereof;

§ 9 Final Provisions

  1. To place an Order, it is necessary to accept these Regulations and the Regulations of the Service Provider’s Website.
  2. In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular the Civil Code, and in relation to consumers also the provisions of the Act of 30 May 2014 on consumer rights.
  3. The Seller reserves the right to amend the provisions of these Regulations. Any changes are effective from the date they are published on the Website. In the case of Orders concluded on the basis of the previous versions of the Regulations, those in force on the date of placing the Order are binding.
  4. These Regulations come into force on the date of publication and announcement on the Service Provider’s Website.