Online shop terms and conditions

1General provisions

1. The WCE sp. z o.o. online shop, operating at: woomsklep.pl, is run by WCE sp. z o.o., with its registered office at: ul. Humańska 8/3,00-789 Warszawa, operating under NIP: 5213905934, REGON: 386932753.
2. These Online Shop Terms set out the rules for making purchases in the WCE sp. z o.o. online shop and, in particular, the rules and procedure for concluding distance sales agreements through the Shop, as well as the complaint procedure and the procedure for withdrawal from the agreement by the Consumer.
3. With regard to Services provided by electronic means, these Terms constitute the regulations referred to in Article 9 of the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Dz.U. z 2020 r. poz. 344, as amended).
4. The Terms are addressed to all Customers of the Shop. All Customers are obliged to read the provisions of the Terms before making a purchase.
5. Each Customer is obliged to comply with the provisions of the Terms. Sales are made on the basis of the version of the Terms in force at the time the order is placed.
6. Each Customer may read the Terms at any time by clicking the “Shop Terms” hyperlink on the Shop’s website woomsklep.pl. The Terms may be downloaded and printed at any time.
7. All information on the Shop’s website woomsklep.pl relating to products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964 (consolidated text: Dz.U. z 2019 r. poz. 1145, as amended), but an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code of 23 April 1964 (consolidated text: Dz.U. z 2020 r. poz. 1740, as amended). By sending the Order Form, the Customer makes an offer to purchase the indicated Goods at the price and on the terms specified in the description.

2Definitions

Terms – this set of regulations governing the rules for the use of the Shop’s Services by Customers.

Consumer (agreements concluded before 1 January 2021) – a natural person concluding a civil-law agreement through the Shop that is not directly related to their business or professional activity.

Consumer (agreements concluded on or after 1 January 2021) – the following persons are deemed to be Consumers:

• a natural person concluding a civil-law agreement through the Shop that is not directly related to their business or professional activity, the so-called “Consumer sensu stricto”
  
  and
  
• a natural person concluding a civil-law agreement through the Shop that is directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, as made available under the provisions on the Central Register and Information on Business Activity (CEIDG) – the so-called “Entrepreneur with Consumer rights”.

For the purposes of these Terms, it is assumed that, where no distinction is made between the two groups of entities indicated, the Terms apply both to Consumers sensu stricto and to Entrepreneurs with Consumer rights.

Customer – a natural person (including a Consumer) who is at least 13 years of age (provided that they have obtained the consent of their statutory representative), a legal person, or an organisational unit without legal personality to which specific provisions grant legal capacity, that uses the Services provided by the Shop.

Order Form – a Service available on the Shop’s website by means of which the Customer may make a purchase, in particular by adding Goods to the Cart and specifying certain terms of the Sales Agreement, including the method of delivery and payment.

Cart – an element of the Shop in which the Goods selected by the Customer are displayed and in which the Customer may determine and modify the Order details, including the quantity of Products purchased.

Shop – the website owned by the Seller, available at the domain: woomsklep.pl, through which the Customer may purchase Goods from the Seller.

Seller – WCE sp. z o.o. with its registered office at: ul. Humańska 8/3,00-789 Warszawa, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division, under KRS number: 0000858080, NIP: 5213905934, REGON: 386932753, which, in the course of its gainful or professional activity, offers sales through its website.

Goods – a movable item that is the subject of trade between the Shop and the Customer, the terms of sale of which are specified in the Order Form.

Sales Agreement – an agreement for the distance sale of Goods concluded by the Customer through the Shop, usually by means of the Order Form.

3Acceptance and fulfilment of orders

1. The condition for using the Shop is reading and accepting these Terms. By placing an order, the Customer accepts the content of the Terms.
2. Orders from Customers are accepted by means of the Order Form sent via the website: woomsklep.pl or by e-mail to wce@woombrand.com, 7 days a week, 24 hours a day.
3. Goods are ordered by selecting the Goods in which the Customer is interested, clicking the “ADD TO CART” button located next to the description of the Goods and then, from the “CART” level located in the Shop tab, completing the Order Form, including selecting the form of delivery and payment or selecting the cash on delivery option, if available for the selected Goods, and then clicking the purchase confirmation.
4. Entrepreneurs regarded as so-called Entrepreneurs with Consumer rights (see: the definition of “Consumer” in these Terms) concluding agreements after 1 January 2021 will be required to indicate, already when placing the order for Goods, that the purchase is not of a professional nature for them.
5. After placing an order, the Customer receives a confirmation of the order placed at their e-mail address provided in the Order Form.
6. After the Customer receives confirmation of acceptance of the offer, the Seller begins the process of fulfilling the order, whereby:
   a. in the case of an order paid on delivery – it begins no later than the next working day after its confirmation by the Seller.
   b. in the case of an order paid by traditional bank transfer, it begins after the payment for the order placed has been credited to the Shop’s bank account.
7. Orders placed in the Shop are fulfilled during the Shop’s working hours (on working days, Monday to Friday, from 8:00 to 17:00). Orders placed on working days after 17:00, on Saturdays, Sundays or public holidays will be processed on the next working day.
8. The Customer will receive a message confirming acceptance of the order for fulfilment, which is understood as the Seller’s declaration of acceptance of the offer. Upon its receipt by the Customer, the Sales Agreement is concluded.
9. A VAT receipt is issued for each order. At the Customer’s request, a VAT invoice will also be sent.
10. The available means of communication between the Customer and the Shop are:
    a. E-mail – wce@woombrand.com
    b. Correspondence address – ul. Pytlasińskiego 16/13, 00-777 Warszawa
11. The price stated in the order constitutes the total amount the Customer is obliged to pay (gross price). It includes the tax due. The cost of delivery is not included in the price, as it depends on the method of delivery of the purchase selected by the Customer.
12. The Seller reserves the right to change the prices in the Shop, to introduce new Goods for sale, to carry out and cancel promotional campaigns or to make changes to them, in accordance with applicable law.
13. If the Consumer is required to make a payment exceeding the agreed price described in the preceding paragraph, the Shop will promptly inform the Consumer of this fact, explaining the reason for the price difference. Additional costs will be charged to the Consumer only after the Consumer’s express consent has been obtained.

4Delivery and shipping costs

1. Orders in the Shop are shipped via:
   parcel locker
   courier
2. Orders placed in the Shop are fulfilled only on working days. Orders placed on Saturdays, Sundays and public holidays will be fulfilled on the next working day.
3. The waiting time for a shipment is usually: 2. The waiting time consists of the order fulfilment time, i.e. the assembly of the Goods for the order, and the estimated delivery time, which is from 24 hours in the case of Poland.
4. The Seller is not liable for delays caused by the carrier.
5. When collecting a shipment delivered by a courier, the Customer should, in the courier’s presence, carefully check the contents and completeness of the shipment, the condition of the outer packaging and the condition of the ordered Goods. If the shipment is damaged, the Customer should draw up, together with the courier, a damage report in two identical copies signed by the Customer and the courier.
6. The ordered Goods may be collected in person at the brick-and-mortar Shop at the address: ul. Humańska 8/3,00-789 Warszawa.

5Payment

1. The following payment methods are available in the Shop:
   1. cash on delivery – upon collection of the shipment;
   2. bank transfer to the bank account – 65 1090 2590 0000 0001 4697 6331;
   3. payment via the Przelewy24 payment platform.
2. A Customer who has chosen the bank transfer payment option is obliged to pay for the order placed within five (5) working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is deleted from the system. It is sufficient to state only the number of the order placed in the payment title. The payment deadline may be extended, provided that the Shop’s customer service is informed of this in advance.

6Complaints

1. The Seller is liable under the statutory warranty for physical and legal defects of the Goods to the extent set out in Article 556 et seq. of the Civil Code of 23 April 1964 (consolidated text: Dz.U. z 2019 r. poz. 1145, as amended).
2. A physical defect of the Goods consists in the non-conformity of the Goods sold with the agreement, which occurs where:
   the Goods do not have the properties they should have in view of the purpose of the agreement resulting from the circumstances or their intended use;
   the Goods do not have the properties of which the Seller assured the Customer;
   the Goods are not fit for the purpose of which the Customer informed the Seller when concluding the agreement and the Seller did not raise any objection as to such intended use;
   the Goods were delivered to the Customer in an incomplete state.
3. A legal defect of the Goods exists where the Goods are the property of a third party or are encumbered with a right of a third party, or where a restriction on their use or disposal results from a decision or ruling of a competent authority.
4. In the case of a Consumer, public assurances made by the producer or by an entity that places the Goods on the market in the course of its business activity, or by a person who presents itself as the producer, are treated on an equal footing with assurances given by the Seller. The Seller is not, however, liable if it did not know of those assurances and could not have known of them, or if those assurances could not have influenced the Consumer’s decision to conclude the sales agreement, or if the content of those assurances was corrected before the sales agreement was concluded.
5. The Seller is liable under the statutory warranty if a physical defect is discovered within two years from the date on which the item was delivered to the Customer.
6. In the case of a Consumer, where a physical defect was discovered within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time the Goods were delivered.
7. If the buyer is a Consumer and a physical defect was discovered within one year from the date of delivery of the item sold, it is presumed that the defect or its cause existed at the time the risk passed to the buyer.
8. If the Goods are defective, the Customer may submit a declaration of price reduction or of withdrawal from the agreement, unless the Seller promptly replaces the defective Goods with Goods free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has failed to fulfil the obligation to replace the Goods with Goods free from defects or to remove the defect.
9. If the Goods are defective, the Customer may also demand that the item be replaced with one free from defects or that the defect be removed.
10. Instead of the removal of the defect proposed by the Seller, the Consumer may demand replacement of the Goods with Goods free from defects or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared with the manner proposed by the Seller.
11. The Customer may not withdraw from the agreement if the defect is insignificant.
12. Complaints concerning the Goods may be submitted:
    a. in writing, to the address of the Seller’s registered office;
    b. by e-mail, to the e-mail address indicated in the confirmation of the Order placed.
13. A complaint should include:
    a. the details of the person submitting the complaint (first name and surname, correspondence address, optionally – e-mail address and contact telephone number);
    b. an indication of the reason for the complaint and the content of the demand;
    c. the Order number shown in the confirmation of acceptance of the Order;
    d. the original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the submission of the complaint, but is not necessary to submit it.
14. A Customer exercising rights under the statutory warranty shall deliver the defective Goods, at the Seller’s expense, to the address: ul. Humańska 8/3,00-789 Warszawa.
15. The Seller undertakes to respond to a complaint within fourteen (14) days from the date of its receipt.
16. If the complaint is justified, the Seller undertakes to replace the defective Goods with Goods free from defects or to remove the defect within fourteen (14) days from the date on which the Customer submitted the complaint.
17. In the event of effective withdrawal from the agreement, the Seller undertakes to refund the payment within fourteen (14) days from the date of receipt of the withdrawal from the agreement, subject to the proviso that the refund will not be made until the Goods have been received back or the Customer has provided proof of having sent them back.
18. If the Consumer has demanded replacement of the item or removal of the defect, or has submitted a declaration of price reduction specifying the amount by which the price is to be reduced, and the seller has not responded to that demand within fourteen (14) days, the seller is deemed to have accepted the demand as justified.
19. A claim for removal of a defect or replacement of the Goods with Goods free from defects becomes time-barred after one (1) year from the date on which the defect was discovered. In the case of a Consumer, the limitation period may not end before the expiry of two (2) years.
20. The above provisions do not exclude the possibility of the Seller granting a guarantee for the purchased Goods, which is provided for in separate guarantee terms.

7Right of withdrawal

1. In accordance with the Act of 30 May 2014 on Consumer Rights (consolidated text: Dz.U. z 2020 r. poz. 287, as amended), the Consumer may withdraw from the sales agreement for Goods purchased in the Shop without giving any reason, by submitting an appropriate declaration in writing within fourteen (14) days from the date of delivery of the Goods (i.e. from the date on which the Consumer collected the Goods). To meet this deadline, it is sufficient for the Consumer to send the declaration before it expires.
2. The Consumer may withdraw from the agreement by submitting to the Seller a declaration of withdrawal from the agreement. A model declaration constitutes Appendix No. 1 to these Terms.
3. The declaration of withdrawal from the agreement should be sent to the address: ul. Humańska 8/3,00-789 Warszawa.
4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which they withdrew from the agreement. To meet the deadline, it is sufficient to send the Goods back before it expires.
5. The Goods should be returned to the Seller’s address: Humańska 8/3, 00-789 Warszawa.
6. Within fourteen (14) days from the date of receipt of the declaration of withdrawal from the agreement, the Seller shall refund to the Consumer all payments made by the Consumer, including the cost of delivery of the Goods, whereby the refund will not be made until the Goods have been received back or the Consumer has provided proof of having sent them back.
7. The Seller shall make the refund using the same method of payment as was used by the Consumer.
8. The Consumer bears the costs of returning the Goods to the Seller.
9. The Consumer is not entitled to withdraw from the Sales Agreement in respect of an agreement:

• where the subject of the performance is a non-prefabricated item produced according to the Consumer’s specifications or serving to satisfy the Consumer’s individual needs;
• where the subject of the performance is an item that deteriorates rapidly or has a short shelf life;
• where the subject of the performance is an item delivered in sealed packaging which cannot be returned after the packaging has been opened for reasons of health protection or hygiene, if the packaging was opened after delivery;
• where the subject of the performance consists of items which, after delivery, by their nature, become inseparably combined with other items;
• where the subject of the performance consists of audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
• for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement;
• where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
• for the supply of digital content which is not stored on a tangible medium, if performance began with the Consumer’s express consent before the expiry of the withdrawal period and after the entrepreneur informed the Consumer of the loss of the right of withdrawal;

10. The right of withdrawal from a distance agreement is not available to any entity other than a Consumer within the meaning adopted for the purposes of these Terms (see: the definition of “Consumer”).

8Out-of-court dispute resolution

1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:

• Mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of the Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
• The assistance of the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the case to be examined by the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of the courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
• Free assistance from a municipal or district (poviat) consumer ombudsman (rzecznik konsumentów).
• The online ODR (online dispute resolution) platform available at: http://ec.europa.eu/consumers/odr/.

2. This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons described in these Terms as Consumers, the so-called “Entrepreneurs with Consumer rights”, which came into force for agreements concluded on or after 1 January 2021. Accordingly, for all agreements, this chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.

9Personal data protection

1. By placing orders, the Customer consents to the processing of the personal data provided by them for the purpose of fulfilling and handling the order by the Seller, who is also the controller of the personal data within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.
2. The controller of the personal data provided by the Customer while using the Shop is the Seller.
3. Personal data held in the Seller’s database are not transferred to entities that do not participate in the performance of the Sales Agreement.
4. In accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88, the Customer has the right of access to their personal data and may request their rectification or erasure. The Seller ensures that each Customer has the right to control the personal data processed.
5. Providing personal data is voluntary; however, the lack of consent to the processing of personal data makes it impossible to fulfil the Customer’s order.
6. Detailed information on personal data and privacy protection is contained in the “Privacy Policy” tab on the Shop’s website.

10Final provisions

1. The Terms set out the rules for the conclusion and performance of the Sales Agreement for the Goods available on the Shop’s website.
2. The Sales Agreement is concluded between the Customer and the Seller.
3. The Terms are available to all Customers in electronic form on the Shop’s website woomsklep.pl.
4. In order to use the Shop’s Services, it is necessary to have devices allowing access to the internet and a web browser enabling the display of web pages, as well as to provide an e-mail address enabling information concerning the fulfilment of the order to be sent.
5. All persons, including Customers, are prohibited from posting unlawful content on the Shop’s website.
6. In matters not regulated by these Terms, the relevant provisions of generally applicable law shall apply.
7. The Terms do not exclude or limit any rights of a Customer who is a Consumer to which they are entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and mandatory provisions of law granting rights to consumers, those provisions shall prevail.
8. Should any provision of these Terms be or become invalid or ineffective, the validity of the remainder of the Terms shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as faithfully as possible. This shall also apply accordingly to any gaps in the Terms.