Terms and Conditions
- The online shop WinShop, available at www.winshop.pl, managed by Adrian Chmiała, who conducts commercial activity as the company CSC Adrian Chmiała (address: ul. Klemensa Matusiaka 9/5, 43-300 Bielsko-Biała), registered in the Central Registration and Information on Economic Activity (CEIDG), maintained by the minister competent for the economy, under numbers: NIP 5472159147, REGON 363927840, EU VAT Number PL5472159147
- The following Terms and Conditions apply both to Consumers and Entrepreneurs using the Online Shop. The Terms and Conditions set rules of using the Online Shop and concluding remotely through the Shop Sales Agreements with a Customer.
- Consumer – a natural person concluding with the Seller an agreement via the Shop. The subject of the agreement is not directly connected with commercial or professional activity of the Consumer.
- Seller – a natural person conducting business as the company CSC Adrian Chmiała (address: ul. Klemensa Matusiaka 9/5, 43-300 Bielsko-Biała), registered in the Central Registration and Information on Economic Activity (CEIDG), lmaintained by the minister competent for the economy, under numbers: NIP 5472159147, REGON 363927840, EU VAT Number PL5472159147
- Customer – every entity making an order in the Shop.
- Entrepreneur – a natural person, a juridical person or an organizational entity which is not a juridical person but which is defined by an act of law as having juridical properties, conducting commercial activity on their own behalf and using the Shop.
- Shop – the online shop operated by the Seller at the internet address of www.winshop.pl
- Sales Agreement concluded remotely – an agreement concluded with the Customer within an organized system of concluding agreements remotely (being a part of the Shop), without physical presence of the parties, by an exclusive use of one or more means of remote communication until the moment of concluding the agreement.
- Terms and Conditions – nthe present terms and conditions of the Shop.
- Order – a statement of the will of the Customer expressed through the Order Form and leading directly to concluding with the Seller the Sales Agreement for a Product or Products.
- Account – the Customer’s account in the Shop storing data provided by the Customer and information concerning orders placed in the Shop by the Customer.
- Registration Form – a form available in the Shop which allows the Account to be registered.
- Order Form – an interactive form available in the Shop which allows for the Order to be submitted, in particular by adding Products to the Shopping Basket and defining conditions of the Sales Agreement, including methods of delivery and payment.
- Shopping Basket – an element of the Shop software in which the Products selected by the Customer are visible and where there is an option of confirming and modifying data of the Order, in particular the number of ordered items.
- Product – an item available in the Shop which is a portable object or a service being the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – a sales agreement for the Product concluded between the Customer and the Seller through the online Shop. The Sales Agreement may be also understood – depending on the characteristics of the Product – as a service agreement or a contract of commission.
Contact with the Shop
- Address of the Seller: ul. Kasztelańska 27, 30-116 Kraków
- Address of the Seller: ul. Kasztelańska 27, 30-116 Kraków
- Telephone number of the Seller: +48 502 238 573
- Bank account number of the Seller : (for PLN) PL 92 2490 0005 0000 4530 1495 8930, (for Euro) PL20 2490 1057 0000 9902 4626 0932
- The Customer may communicate with the Seller through addresses and telephone numbers provided in this paragraph.
- The Customer may communicate with the Seller by telephone from Monday to Friday between 8:00 am and 6:00 pm.
- In order to use the Shop, including browsing the Shop’s offer and placing orders for Products, one requires:
- end devices with access to the Internet and an internet browser – e.g. personal computers, notebooks, tablets and smartphones,
- an active e-mail account,
- an explicit consent for using cookies,
- FlashPlayer software installed.
- The Seller is not liable, in the broadest legal sense, for disruptions, including breaks in operations of the Shop, which have been caused by independent causes, illegal actions of third parties or incompatibility of the online Shop with technical facilities.
- Browsing the offer of the Shop does not require registering an Account. Submitting an order by the Customer for the Products offered by the Shop is possible either by registering an Account in accordance with terms described in § 6 or by submitting the required personal and address data which will allow realization of the Order without setting an Account.
- Prices of Products in the Polish Shop version are given in Polish zlotys (PLN) and are provided in gross value (including VAT). Prices of Products in the English Shop version are given in Euro and are not provided in gross value (excluding VAT).
- The total (final) amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including shipping fees, delivery and postal charges) about which the Customer is informed on the website of the Shop during the process of submitting the Order and also in the moment of expressing consent while concluding the Sales Agreement.
- In the case of an Agreement including subscription of services or delivering services for an undefined period of time, the total (final) price comprises all individual payments from the settlement period.
- When the character of the subject of the Agreement does not allow, based on a reasonable assessment, for a prior evaluation of the total (final) price, the information about the method of calculating the price, and also about transport fees, delivery, postal charges and other costs will be provided by the Shop in the description of the Product.
Registering an Account in the Shop
- In order to register an Account in the Shop completion of the Registration Form is reqired. It is necessary to submit the following data: first name and surname, telephone number, e-mail address, delivery address, invoicing data (in the case of business owners).
- Registering an Account in the Shop is free of charge.
- Logging into the Account is conducted by supplying a user login and a user password that were established in the Registration Form.
- The Customer is entitled to delete the Account at any moment, without supplying any explanations and without any charges by sending to the Seller an appropriate request, in particular via e-mail or in a written form to the addresses provided in § 3.
Terms of submitting the Order
To submit the Order it is required:
- to log into the Shop;
- select the Product that will be the subject of the Order, and then click the “Add to the Basket” button;
- log in or use the option of placing the Order without registration;
- if the option of submitting the Order without registration was chosen – it is necessary to complete the Order Form by providing the Customer data and the delivery address for the Product, select the type of the delivery (method of delivering the Product), supply data for invoicing, if it is different than data of the recipient of the Order;
- if the Customer has logged in, the Shopping Basket will be displayed on the website; if all purchase details are correct, the Customer should click the button “Select delivery and payment”;
- the next step is to select the form of the Product delivery and the payment method;
- click the button “Go to checkout”;
- if purchase data and the order details are correct, click the button “Order and pay”;
- the Customer will be redirected to the website of the selected bank, where it will be necessary to complete payment procedures or, in case the Customer who selected payment at the delivery, the process will be finalized.
- All information and confirmations will be send to the provided e-mail address.
Available methods of delivery and payment
- The Customer may choose from the following forms of delivery or collection of the ordered Product:
- Paid in advance shipping via a system of parcel lockers;
- Paid in advance or paid at delivery shipment by a courier company;
- Collection of ordered products personally at the address: ul. Kasztelańska 27, 30-116 Krakow, after a prior arrangement of a meeting.
The Customer is entitled to the following forms of payment:
- Payment on collection,
- Payment at delivery,
- Bank transfer payment to the account of the Seller,
- Electronic payment,
- Credit card payment,
- Paypal payment (commission fee +3%).
Detailed information concerning forms of delivery and acceptable forms of payment is available on the website of the Shop.
Some particular methods of delivery or payment may not be available in the case of shipping outside the territory of Poland.
Concluding the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after a prior placement of the Order by the Customer through the Order Form in the online Shop in accordance with § 7 of these Terms and Conditions.
- After submission of the Order, the Seller confirms without delay its reception and thus accepts the Order for completion. The confirmation of receiving the Order and its acceptance for completion takes place when the Seller sends an appropriate e-mail message to the electronic address submitted by the Customer when placing the Order. The message should contain at least a confirmation by the Seller of the fact that the Order was accepted for completion and that the Sales Agreement has been concluded. Upon receiving the abovementioned message by the Customer, the Sales Agreement is considered to be concluded between the Customer and the Seller.
- In the case of selecting by the Customer:
a) a bank transfer payment, electronic payment or credit card payment, the Customer is obliged to perform the payment within 5 calendar days from the date of concluding the Sales Agreement – otherwise, the Order will be cancelled;
b) a payment on receiving the parcel, the Customer is obliged to perform the payment when receiving the delivery;
c) a payment in cash upon personal collection of the goods, the Customer is obliged to perform the payment upon collecting the Order within 5 days from the date of receiving a message informing about the readiness of the goods for collection.
4. If the Customer has chosen a different form of delivery than a personal collection, the Product will be sent by the Seller within a period stated in the description of the Product (with the exception mentioned in the point 5) in the manner selected by the Customer when submitting the Order.
5. In the case of ordering Products with different delivery periods, the longest stated period shall be considered as the applicable period of delivery.
6. In the case of submitting the Order for Products with different delivery periods, the Customer retains the right to demand a delivery of the Products in parts or a delivery of all Products together after the completion of the whole Order.
7. The beginning of a delivery period of the Product to the Customer shall be established in the following manner:
a) In the case of selecting by the Customer a bank transfer payment, electronic payment or credit card payment – from the date of acceptance on the Bank account of the Seller;
b) In the case of selecting by the Customer a payment upon receiving the delivery – from the date of concluding the Sales Agreement;
c) In the case of ordering Products with different delivery periods, the Customer retains the right to demand a delivery of the Products in parts (depending on readiness of Products for shipping) or a delivery of all Products together after the completion of the whole Order.
8. The beginning of the period of readiness of the Product for collection by the Customer is established in the following manner:
In the case of selecting by the Customer a bank transfer payment, electronic payment or credit card payment – from the date of acceptance on the Bank account of the Seller.
The right to withdraw from the Agreement
- The Consumer may withdraw from the Sales Agreement within 14 days without providing any explanations for this action.
- The period laid down in the point 1 starts from the delivery of the Product to the Consumer or a person appointed by him who is different from the deliverer.
- In the case of an Agreement that concerns several Products that are delivered separately, in batches or in parts, the time limit laid down in the point 1 starts from the delivery date of the last item, batch or part.
- In the case of an Agreement that concerns regular supplies of Products for an appointed period of time (subscription), the time limit laid down in the point 1 starts from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of the withdrawal from the Agreement. The time limit for withdrawing from the Agreement is considered to be kept if the Consumer sent the statement before termination of the time limit.
- The statement may be delivered by traditional postal service or in an electronic form by sending the statement to the e-mail address of the Seller or through submitting the statement on the website of the Seller – contact data of the Seller is provided in § 3. The statement may be also submitted as a form whose sample is provided as the Appendix 1 of these Terms and Conditions and an appendix of the Consumer Rights Act of 30th May 2014 – however, this is not obligatory.
- The right to withdraw from the Sales Agreement does not apply to the Consumer who purchased Products delivered in a sealed packaging that cannot be returned after its opening due to health hazard in the case when the packaging has been opened (this refers in particular to chemical substances).
- In the case of withdrawing from the Agreement, the Consumer bears the shipment costs of returning the Product to the Seller.
Complaints and warranty
- New Products fall under the Sales Agreement.
- In the case of discovering defects in goods purchased from the Seller, the Customer has the right for a warranty in accordance with legal regulations of the Civil Code concerning warranties.
- Complaints shall be submitted in written or electronic form to the addresses of the Seller provided in the present Terms and Conditions.
- Complaints shall be submitted in written or electronic form to the addresses of the Seller provided in the present Terms and Conditions or through an electronic complaint form made available by the Seller on one of sub-pages of the online Shop.
- It is advocated that the complaint should include a brief description of the defect, circumstances (including a date) of its appearance, personal details of the Customer making the complaint, and demands of the Customer relating to the defect of the Product.
- The Seller will respond to the complaint without delay, and if the Customer is a Consumer – within a time limit of 14 days. If the Customer is a Consumer and the Seller fails to respond within 14 days, it is assumed that the claims of the Customer become valid.
- In the case when the Product falls under a warranty, information about the warranty and its content will be included in the description of the Product in the Shop.
- In the case when the Customer is an Entrepreneur, the Seller provides a warranty against defects of the goods if the defect has been detected within 12 months from the date of issuing the goods.
Non-judicial ways of reviewing complaints and redressing claims
- Detailed information on possibilities of using by the Consumer non-judicial ways of reviewing complaints and redressing claims and also regulations concerning accessibility to these procedures are available in the offices and on the websites of county (municipal) consumer advocates or social organizations, whose statutory tasks include consumer protection, the province inspector of the Trade Inspection and under the following online addresses of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer is entitled to the following possibilities of seeking non-judicial ways of reviewing complaints and redressing claims:
a) The Consumer is entitled to apply to the Permanent Consumer Arbitration Court, referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, no. 4, item 25, as amended), requesting the resolution of a dispute arising from the concluded Sales Agreement with the Seller.
b) The Consumer is entitled to apply to the province inspector of the Trade Inspection in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), requesting the initiation of mediation proceedings on out-of-court resolution of disputes between the Consumer and the Seller.
c) The Consumer may obtain free assistance in settling the dispute between the Consumer and the Seller, also using the free help of the county (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association).
Personal data in the online Shop
1.The Administrator of personal data of Customers in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 February 2016 on protection of personal data of natural persons in relation to processing of personal data and free transfer of such data and repealing Directive 95/46/WE (general provisions on data protection) of 27 April 2016, collected through the online Shop is the Seller.
2. Personal data of Customers collected by the administrator through the online Shop is collected for purposes of realisation of Sales Agreements, providing services by electronic means of communication relating to Accounts registered in the Shop, and – if the Customer expresses consent – also for marketing purposes.
3. Personal data will be processed in accordance with Art. 6, paragraph 1, points a), b) and f) of the abovementioned Regulation.
4. The following entities may be the recipients of personal data of the Customers of the online Shop:
a) In the case of the Customer who has selected in the online Shop postal or courier delivery, the administrator may transfer the collected personal data of the Customer to the selected delivery company or an intermediary responsible for deliveries at the request of the administrator.
b) In the case of the Customer who uses an electronic payment or credit card payment in the online Shop, the administrator may transfer the collected personal data of the Customer to the selected entity managing the abovementioned payments in the online Shop.
5. Personal data collected by the administrator will be stored for a period necessary for performing tasks defined by these Terms and Conditions, in particular for purposes of realization of the customary obligations of the Seller, legal obligations of the Seller, and also for purposes of protection of legitimate commercial interests of the Seller within the limits of law.
6. The Customer is entitled to demand from the administrator access to personal data concerning his person, correction of the data, limitation of its processing, registering an objection to its processing, and also the right to transfer the data.
7. The Customer is entitled to demand deletion of their personal data. The right to deletion of personal data does not apply to: data whose processing is necessary for observing legal obligations of the Seller and also for establishing, executing and defending claims of the Seller.
8. At any time, the Customer is entitled to revoking the permission for processing of personal data.
9. The Customer is entitled to lodge a complaint to the supervising body – the president of the Personal Data Protection Office, if the Customer concludes that processing of their personal data breaches provisions of law.
10. Supplying personal data is voluntary. However, failing to supply personal data required by these Terms and Conditions which is necessary for concluding the Sales Agreement, revoking the permission for processing of personal data or demanding deletion of the data will result in a lack of possibility to conclude or perform the Agreement.
- Agreements concluded through the online Shop are concluded in Polish. In the case when the Customer resides outside the Polish territory, the Agreement will be concluded in English.
- The Seller reserves the right to amend these Terms and Conditions for important reasons including: changes in legal regulations, changes of payment and delivery methods – within the scope to which these changes affect execution of these Terms and Conditions. The Customer will be notified by the Seller about any amendments to the Terms and Conditions at least 7 days in advance.
- In matters not regulated in these Terms and Conditions the provisions of general Polish laws shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act, and other general regulations relevant to data protection.
- The provisions of Polish laws shall apply to any disputes arising between the Customer and the Seller or any other disputes relating to activities of the Seller.
- In any matters not regulated in these Terms and Conditions Polish law will apply. However, for Customers, who are Consumers, the mandatory provisions of law applicable in the country of the Consumer’s residence will apply.
- Any disputes that may arise between the Customer, who is an Entrepreneur, and the Seller shall be subject to the jurisdiction of Polish courts of law. The court having exclusive jurisdiction in solving disputes between the Customer, who is an Entrepreneur, and the Seller and other disputes related to activities of the Seller is the competent court having jurisdiction over the registered office of the Seller.
- Objections from §14, points 3, 4 and 5 do not exclude rights of Customers (in particular those being Consumers) resulting from mandatory legal regulations of the country in which they permanently reside.
- The Customer is entitled to seek non-judicial ways of reviewing complaints and redressing claims. In order to do so, the Customer may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
Appendix No 1
AGREEMENT WITHDRAWAL SAMPLE FORM
The form sample can be downloaded in the Exchange or return of purchased goodssection.