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Regulations of the whamaku.pl online store
WHAMAKU.PL – ONLINE STORE RULES AND REGULATIONS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES RENDERED BY THE ONLINE STORE
3. SALES CONTRACT TERMS AND CONDITIONS
4. PAYMENT TERMS AND MEANS OF PAYMENT
5. PRODUCT DELIVERY AND RECEIPT – COSTS, METHODS, DEADLINES
6. PRODUCT-RELATED COMPLAINTS
7. OUT-OF-COURT DISPUTE RESOLUTION PROCEDURES AND THEIR AVAILABILITY
8. RIGHT OF WITHDRAWAL
9. PROVISIONS APPLICABLE TO ECONOMIC OPERATORS
10. FINAL PROVISIONS
11. TEMPLATE OF THE CONTRACT WITHDRAWAL FORM
These Online Store Rules and Regulations have been drawn up by Regulaminowo.pl legal experts. The www.whamaku.pl online store attaches great importance to the protection of consumer rights. Consumers must not waive any rights conferred upon them in the Act on Consumer Rights. Terms and conditions of specific agreements that are less favorable for consumers than those provided for in the Act on Consumer Rights are not binding and shall be replaced by the provisions of the Act on Consumer Rights. In light of the above, provisions of these Rules and Regulations do not aim to waive or restrict any consumer rights conferred upon them pursuant to mandatory legal regulations, and any potential doubts shall be interpreted in a manner that is favorable for the consumer. Where any discrepancies between these Rules and Regulations and the provisions of law referred to above exist, the latter provisions shall prevail and shall be complied with.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.whamaku.pl is operated by Mr. Krzysztof Baran, conducting business activity under the company name of MOUTON INTERACTIVE KRZYSZTOF BARAN, entered into the Central Business Activity Register of the Republic of Poland maintained by the minister competent for the economy, with its registered and mailing address at: ul. Starowiejska 265, 08-110 Siedlce, NIP (Tax Identification Number) 8211520137, REGON (Statistical Number) 711664250, e-mail: sklep@whamaku.pl, telephone number: (+48) 600 055 695.
1.2. These Rules and Regulations shall be applicable both to consumers and to economic operators using the Online Store, unless a specific provision hereof states otherwise.
1.3. The personal data processed by the Online Store in connection with these Rules and Regulations are controlled by the Seller. Such personal data are processed for purposes, over periods and based on the principles set forth in the privacy policy that available on the Online Store’s website. The privacy policy sets forth, primarily, the principles based on which the personal data are processed by the Controller at the Online Store. It also specifies the legal basis, the objectives and the period of processing, and the rights of data subjects. It also specifies the procedures relied upon by the Online Store in connection with cookie files and analytical tools. The use of the Online Store and the purchases made therein are voluntary. Similarly, the provision of personal data by Service Recipients and Customers using the Online Store is voluntary as well, under reserve of specific exceptions identified in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY– any day from Monday to Friday, with bank holidays not included.
1.4.2. REGISTRATION FORM – a form available at the Online Store, used for creating an Account.
1.4.3. ORDER FORM – an Electronic Service relying on an interactive form available at the Online Store. The Order Form allows to place Orders, especially by adding Products to the electronic shopping cart, and determines the terms and conditions of the Sales Contract, including shipment and payment methods.
1.4.4. CUSTOMER – (1) a natural person capable of entering into legal transactions, and in cases provided for in generally applicable regulations – also a natural person whose capability of entering into legal transactions has been limited; (2) a legal person, or (3) an organizational unit without legal personality, capable of entering into legal transactions under a specific act, which has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service identifiable by a user-specific name (login) and password chosen by the Service Recipient and stored in the Service Provider’s IT system. The Account is used for maintaining data made available by the Service Recipient and information concerning the Orders the Service Recipient has placed at the Online Store.
1.4.7. NEWSLETTER – an Electronic Service (distribution service) rendered by the Service Provider via e-mail or text-messaging channels, enabling all Service Recipients taking advantage of this particular service to automatically receive, from the Service Provider, in a periodic manner, subsequent issues of the newsletter containing information about Products, new offers and promotional campaigns of the Online Store.
1.4.8. REVIEWS – an Electronic Service enabling the Service Recipients to add reviews, opinions, evaluations and comments concerning the Products.
1.4.9. PRODUCT – a movable tangible item available at the Online Store and constituting the subject of the Sales Contract concluded between he Customer and the Seller.
1.4.10. REGULATIONS – these Online Store Rules and Regulations.
1.4.11. ONLINE STORE – the Service Provider’s online store available at: www.whamaku.pl.
1.4.12. SELLER, SERVICE PROVIDER – Mr. Krzysztof Baran, conducting business activity under the company name of MOUTON INTERACTIVE KRZYSZTOF BARAN, entered into the Central Business Activity Register of the Republic of Poland maintained by the minister competent for the economy, with its registered and mailing address at: ul. Starowiejska 265, 08-110 Siedlce, NIP (Tax Identification Number) 8211520137, REGON (Statistical Number) 711664250, e-mail: sklep@whamaku.pl, telephone number: (+48) 600 055 695.
1.4.13. SALES CONTRACT – a Product sales contract that has been or is being concluded between the Customer and the Seller, via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider, for the benefit of the Service Recipient, via the Online Store.
1.4.15. SERVICE RECIPIENT – (1) a natural person capable of entering into legal transactions, and in cases provided for in generally applicable regulations – also a natural person whose capability of entering into legal transactions has been limited; (2) a legal person, or (3) an organizational unit without legal personality, capable of entering into legal transactions under a specific act, which takes advantage or intends to take advantage of an Electronic Service.
1.4.16. ACT ON CONSUMER RIGHTS – Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
1.4.17. ORDER – a declaration of will submitted by the Customer via the Order Form and intended to conclude a Product Sales Contract directly with the Seller.
2. ELECTRONIC SERVICES RENDERED BY THE ONLINE STORE
2.1. The following Electronic Services are available at the Online Store: Account, Order Form, Newsletter and Reviews.
2.1.1. Account – the Service Recipient may use the Account having previously completed two steps– (1) filling out the Registration Form and (2) clicking the “Create Account” button. The following data need to be provided by the Service Recipient in the Registration Form: first and last name, e-mail and password. The account may also be created by marking the appropriate checkbox and by providing the password while submitting an Order – the Account will be created once the Order has been placed.
2.1.1.1. The “Account” Electronic Service is rendered free of charge and is of an indefinite nature. The Service Recipient may delete the Account (terminate the Account service) at any time, without being required to state any reasons behind such a decision, by submitting a relevant request to the Service Provider, in particular by an e-mail message sent to: sklep@whamaku.pl or in writing, to: ul. Starowiejska 265, 08-110 Siedlce.
2.1.2. Order Form – the process of using the Order Form commences once the Customer adds the first Product to the electronic shopping cart at the Online Store. The Order is considered placed after the Customer has completed both steps identified below – (1) has filled out the Order Form and (2) has clicked, after having filled out the Order Form at the Online Store’s website, the “Order and Pay” button. Prior to completing the aforementioned tasks, the data entered may be modified (to modify the data, please follow the prompts displayed and the information available at the Online Store’s website). The Customer is required to provide, in the Online From, the following information: first and last name / company name, address (street, building/apartment number, postal code, town/city, country), e-mail address, telephone number and data concerning the Sales Contract: Product(s), quantity, delivery method and destination, means of payment. In the case of Customers not being consumers, the name of the company and NIP (Tax Identification Number) need to be stated as well.
2.1.2.1. The “Order Form” Electronic Service is rendered free of charge, is a one-off service and is considered to have been completed after the Order has been placed with the use of the Order Form or after the process of submitting the Order with the use of the Order Form is discontinued by the Service Recipient.
2.1.3. Newsletter – The “Newsletter” service may be taken advantage of once the Service Recipient has performed, jointly, three steps identified below – (1) providing, under the “Newsletter” tab of the Online Store’s website, the e-mail address to which the subsequent Newsletter issues are to be sent, (2) clicking the “Send” button and (3) confirming the Service Recipient’s intention to sign up for the Newsletter by clicking the link sent automatically to the e-mail address provided. The Newsletter may also be signed up for by marking the applicable checkbox while setting up an Account or while placing an Order – in such a scenario, the Service Recipient shall be signed up for the Newsletter upon creating the Account or submitting the Order.
2.1.3.1. The “Newsletter” Electronic Service is rendered free of charge and indefinitely. The Service Recipient may unsubscribe from the Newsletter (terminate the Newsletter service) at any time, without being required to state any reasons behind such a decision, by submitting a relevant request to the Service Provider, in particular by an e-mail message sent to: sklep@whamaku.pl or in writing, to: ul. Starowiejska 265, 08-110 Siedlce. The Newsletter may also be unsubscribed from after providing, under the “Newsletter” tab available at the Online Store’s website, the e-mail address that was previously added to the Newsletter’s database, an upon clicking the “Unsubscribe” button.
2.1.4. Reviews – only those Service Recipients may take advantage of the “Reviews” Electronic Service who have concluded a Sales Contract at the Online Store. Reviews may be added after completing all of the three steps described below – (1) going to the reviews tab on the site of a specific Product, (2) filling out the form with the first name and e-mail address of the Service Recipient, providing the wording of the review, making a graphic assessment of the Product (1 to 5 stars) and (3) clicking the “Submit” button. When taking advantage of the “Reviews” Electronic Service, the Service Recipient shall be required to provide reliable and true information only. The Service Recipient must not publish any offensive reviews or ones that fail to reflect the actual condition of the Product.
2.1.4.1. The “Reviews” Electronic Service is rendered free of charge and is of the one-off variety. It shall be deemed to have been completed once the review has been published or once the Service Recipient discontinues to take advantage of the Electronic Service concerned. Reviews provided by the Service Recipients may only be published on the Online Store’s website after being approved by the Service Provider.
2.2. Technical requirements that need to be met in order to take advantage of the Service Provider’s IT system: (1) desktop or laptop computer or another multimedia device with Internet access; (2) access to e-mail; (3) updated web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) cookie files and JavaScript support enabled in the web browser.
2.3. The Service Recipient shall be obliged to use the Online Store in a lawful manner, in accordance with good practices, and while doing so, the Service Recipient shall also respect all copyright and intellectual property rights of the Service Provider and of any third parties. The Service Recipient shall be obliged to provide true and correct information. The Service Recipient is prohibited from providing any illegal content.
2.4. Complaints regarding Electronic Services:
2.4.1. Complaints that are concerned with the provision of Electronic Services by the Service Provider, as well as any other complaints concerning the operation of the Online Store (with the exception of Product-related complaints that are handled in accordance with the provisions of Section 6 of these Rules and Regulations) may be submitted by the Service Recipient, for instance:
2.4.1.1. in writing, to: ul. Starowiejska 265, 08-110 Siedlce;
2.4.1.2. electronically, by e-mail to: sklep@whamaku.pl.
2.4.2. It is recommended that the Service Recipient specify, in the complaint: (1) information concerning the irregularities that have been discovered, in particular their type and the date on which they were identified; (2) expectations of the Service Recipient; and (3) contact details of the person submitting the complaint, as this will facilitate the process of reviewing the complaint by the Service Provider. The requirements set forth in the preceding sentence are a recommendation only and do not affect the effectiveness of complaints submitted without adhering to the aforementioned recommendations.
2.4.3. The Service Provider shall assume a position towards the complaint without delay, in no case later than within 14 calendar days from its submission.
3. SALES CONTRACT TERMS AND CONDITIONS
3.1. The Sales Contract is concluded between the Customer and the Seller upon the submission, by the Customer, of the Order via the Order Form at the Online Store, in accordance with item 2.1.2 of these Rules and Regulations.
3.2. The price of the Product stated at the Online Store is denominated in Polish zlotys and includes all applicable taxes. The total price of the Product ordered, including all taxes and shipping costs (including cost of transportation, delivery and postal services), as well as any other costs, and – where their amount cannot be determined – the requirement to settle these – shall be communicated to the Customer via the Online Store’s website, while placing the Order, including also at the time at which the Customer expresses their intention to become bound by the Sales Contract.
3.3. The Sales Contract may also be concluded between the Customer and the Seller outside the Online Store, via e-mail or by phone. In such a case, the conclusion of the Sales Contract, as well as its terms and conditions shall be agreed upon, on a case-by-case basis, between the Customer and the Seller, and shall always be confirmed on a durable medium (e.g. in an e-mail message).
3.4. Procedure for concluding the Sales Contract at the Online Store, using the Order Form
3.4.1. The Sales Contract is concluded between the Customer and the Seller upon the submission, by the Customer, of the Order with the Online Store, in compliance with the provisions of item 2.1.2 of the Rules and Regulations.
3.4.2. Once the Order has been submitted, the Seller shall immediately confirm its receipt and shall simultaneously accept the Order for execution. Confirmation of receipt of the Order and of its acceptance for execution shall have the form of an e-mail message sent by the Seller to the Customer, to the Customer’s e-mail address specified while placing the Order. The message in question shall contain, at least, the Seller’s declaration on receiving the Order and on accepting it for execution, and a confirmation of conclusion of the Sales Contract. Once the aforementioned e-mail message has been received by the Customer, the Sales Contract shall be deemed to have been concluded between the Customer and the Seller.
3.5. The wording of the Sales Contract concluded shall be recorded, secured and made available to the Customer by (1) making the wording of these Rules and Regulations available on the Online Store’s website and by (2) sending, to the Customer, the e-mail message referred to in item 3.4.2 hereof. The wording of the Sales Contract shall be additionally fixed in a permanent format and secured in the IT system of the Seller’s Online Store.
3.6 Pursuant to the provisions of the Act of March 11, 2004 on tax on goods and services (consolidated text: Journal of Laws 2011 No. 177 item 1054), the Customer accepts the issuing and sending of invoices in electronic form sent to the e-mail address provided during registration or in the order form. The moment of receipt of the invoice by the Customer is the moment when the invoice was delivered to the Customer's electronic means of communication in such a way that the Customer could read its content.
4. PAYMENT TERMS AND MEANS OF PAYMENT
4.1. The Seller shall make available, to the Customer, the following means of payment in connection with the Sales Contract:
4.1.1. Payment in cash on delivery of the package.
4.1.2. Wire transfer to the Seller’s bank account.
4.1.3. Electronic payments and bank card payments made via PayU.pl, Przelewy24.pl and PayPal.com – the payment methods that are currently available are defined on the Online Store’s website, under the tab devoted to means of payment, and on the following websites: https://www.payu.pl, https://www.przelewy24.pl and https://www.paypal.com/pl.
4.1.3.1. Transactions concluded with the use of electronic payments and bank cards shall be settled, at the discretion of the Customer, via PayU.pl, Przelewy24.pl or PayPal.com. Electronic and bank card payments are handled by:
4.1.3.1.1. PayU.pl – a company under the name of PayU S.A., with its registered office in Poznań (ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań under the number KRS 0000274399; with the share capital of PLN 4,944,000.00, paid up in full; NIP (Tax Identification Number): 7792308495.
4.1.3.1.2. Przelewy24.pl – a company under the name of PayPro S.A. with its registered office in Poznań (ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań under the number KRS 0000347935; with the share capital of PLN 4,500,000.00; NIP (Tax Identification Number): 7792369887, REGON (Statistical Number): 301345068.
4.1.3.1.3. PayPal.com – a company under the name of PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.4. Payments made in installments – payments are made in whole or in part by relying on a credit facility granted by PayU.pl. Detailed information on the crediting institutions currently offering their products is available at https://www.payu.pl.
4.2. Payment terms:
4.2.1. Should the Customer opt for a wire transfer, an electronic payment or a bank card payment, they shall be obliged to make such a payment within 7 calendar days from concluding the Sales Contract.
4.2.2. Should the Customer opt for a cash payment upon delivery of the package, they shall be obliged to make the payment upon collecting the package.
4.2.3. Should the Customer opt for a payment made in installments, they shall be obliged to make the payments towards the creditor of their choice in accordance with the applicable payment schedule.
5. PRODUCT DELIVERY AND RECEIPT – COSTS, METHODS, DEADLINES
5.1. Products are delivered to Customers against a charge, unless the Sales Contract provides otherwise. The cost of shipping the Product (including the cost of transportation, delivery and postal services) is stated to the Customer on the Online Store’s website, under the shipping cost tab, and also when the Customer expresses their intention to become bound by the Sales Contract.
5.2. Products may be picked up by the Customer in person, free of charge.
5.3. The Seller shall make the following Product shipping or pick up options available to the Customers:
5.3.1. Postal service parcel postal service parcel with payment collected upon delivery.
5.3.2. Courier parcel, courier parcel with payment collected upon delivery.
5.3.3. Pick up at a parcel kiosk.
5.3.4. Full pallet parcel.
5.3.5. Local pick up at ul. Starowiejska 265, 08-110 Siedlce – on Business Days, from 8:00 am to 4:00 pm.
5.4. Products shall be delivered to the Customer within 14 Business Days, unless a shorter deadline is given in the description of a specific Product or while placing the Order. If numerous Products with differing delivery dates are purchased, the longest of those delivery dates shall apply, which shall in no case be longer than 14 Business Days. The period of time during which the Product shall be delivered to the Customer shall be calculated in the following manner:
5.4.1. Should the Customer opt for a wire transfer, an electronic payment or a bank card payment – it shall commence on the date on which the bank account or the settlement account of the Seller is credited with the amount due.
5.4.2. Should the Customer opt for a cash payment upon delivery – it shall commence on the date on which the Sales Contract is concluded.
5.4.3. Where the Customer opts for a payment method relying on installments – it shall commence on the date on which the Seller is notified, by the lender, about the conclusion of a credit agreement with the Customer, but in no case later than on the date on which the Seller’s bank account is credited with the funds under the credit facility granted.
5.5. Availability of Products for pick up by Customer – where the Customer opts to pick up the Product in person, the Product shall be available for collection within 5 Business Days, unless a shorter deadline is given in the description of a specific Product or while placing the Order. If numerous Products with differing pickup dates are purchased, the latest of those dates shall apply, which shall in no case be longer than 5 Business Days. The Customer shall be additionally informed by the Seller when the Product is available for pick up. The period of time during which the Product shall be available for pick up shall be calculated in the following manner:
5.5.1. Should the Customer opt for a wire transfer, an electronic payment or a bank card payment – it shall commence on the date on which the bank account or the settlement account of the Seller is credited with the amount due.
5.5.2. Where the Customer opts for a payment method relying on installments – it shall commence on the date on which the Seller is notified, by the lender, about the conclusion of a credit agreement with the Customer, but in no case later than on the date on which the Seller’s bank account is credited with the funds under the credit facility granted.
6. PRODUCT-RELATED COMPLAINTS
6.1. If the Product sold suffers from a physical or a legal defect (guaranty), the scope of the Seller’s liability towards the Customer is set forth under generally applicable legal regulations, and in particular in the Civil Code (Articles 556-576 of the Civil Code).
6.2. The Seller shall be obliged to deliver, to the Customer, a Product that is free of any defects. Detailed information on the Seller’s defect-related liability and on the Customer’s rights is available on the Online Store’s website, under the tab related to complaints.
6.3. Complaints may be submitted by Customers, for instance:
6.3.1. in writing, to: ul. Starowiejska 265, 08-110 Siedlce;
6.3.2. by e-mail, to: sklep@whamaku.pl.
6.4. It is recommended that the Customer specify, in the complaint: (1) information concerning the irregularities that have been discovered, in particular their type and the date on which they were identified; (2) expectations pertaining to the manner in which the Product is expected to be brought to a condition that complies with the Sales Contract, or a declaration on demanding a price discount or on withdrawing from the Sales Contract and (3) contact details of the person submitting the complaint, as this will facilitate the process of reviewing the complaint by the Seller. The requirements set forth in the preceding sentence are a recommendation only and do not affect the effectiveness of complaints submitted without adhering to the aforementioned recommendations.
6.5. The Seller shall assume a standpoint with regard to the Customer’s complaint without delay, within 14 calendar days from its submission at the latest. If a Customer being a consumer has demanded, under their guaranty-related rights, that the item purchased be exchanged, that the defect be eliminated, or has submitted a declaration demanding that the price be reduced, simultaneously specifying the amount by which it ought to be reduced, and the Seller has failed to assume a standpoint with regard to such a demand within 14 calendar days, the demand shall be deemed to have been accepted.
6.6. A Customer exercising their guaranty rights shall be obliged to deliver the Product to the following address: ul. Starowiejska 265, 08-110 Siedlce. If the Customer is a consumer, the cost of delivering the Product shall be borne by the Seller. If, due to the nature of the Product or the manner in which it is installed, the delivery of the Product by a Customer being a consumer is overly troublesome, the Customer shall be obliged to make the Product available to the Seller at the location at which the Product is present.
6.7. Pursuant to Article 558(1) of the Civil Code, the Seller’s guaranty-related liability for the Product, towards a Customer not being a consumer, is excluded.
7. OUT-OF-COURT DISPUTE RESOLUTION PROCEDURES AND THEIR AVAILABILITY
7.1. Detailed information on the ability of a Customer being a consumer to take advantage of out-of-court dispute resolution procedures applicable to handling complaints and satisfying claims, as well as on the availability thereof, is available on the website of the Office for Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The President of the Office for Competition and Consumer Protection has established a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, mailing address: pl. Powstańców Warszawy 1, 00-030 Warszawa) whose task is to assist consumers in issues related to alternative resolution of consumer-related disputes.
7.3. Consumers may take advantage, for instance, of the following out-of-court dispute resolution procedures: (1) they may submit a request for resolving the dispute to a permanent consumer-related court of arbitration (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) they may submit a request for resolving the dispute, in an out-of-court procedure, to a regional Trade Inspection Inspector (for more information please visit the website of the trade inspector relevant for the location at which the Seller is conducting business activity); and (3) they may apply, for assistance, to the local (city or municipal) consumer ombudsman or to a non-governmental organization whose statute sets forth that is has been established to protect consumer rights (for instance Federacja Konsumentów (Consumer Federation), Stowarzyszenie Konsumentów Polskich (Polish Consumers’ Association). Consultations are offered, inter alia, by e-mail at porady@dlakonsumentow.pl or by phone at 801 440 220 (on Business Days, from 8:00 am to 6:00 pm, operator rates apply).
7.4. An online EU platform enabling consumers and entrepreneurs to resolve their disputes in an alternative manner is available at http://ec.europa.eu/consumers/odr (ODR platform). The ODR platform is an interactive, multilingual website offering one-stop assistance to consumers and undertakings seeking to resolve their disputes concerning contractual obligations arising out of an online sales or service provision agreement by relying on alternative dispute resolution procedures (for more information please visit the platform or check the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has concluded a distance contract may withdraw therefrom within 14 calendar days, without stating any reasons behind such a withdrawal and without bearing any costs other than those referred to under item 8.8 of the Rules and Regulations. The deadline referred to above shall be deemed kept if a relevant declaration has been submitted prior to its expiry. The declaration on withdrawing from the contract may be submitted, for instance:
8.1.1. in writing, to: ul. Starowiejska 265, 08-110 Siedlce;
8.1.2. electronically, by e-mail, to: sklep@whamaku.pl.
8.2. A template of a contract withdrawal from is presented in Appendix 2 to the Consumer Rights Act and is also available under Section 11 of these Rules and Regulations. The Consumer may decide to use the template of the form, but its use is not mandatory.
8.3. The period of time during which the contract has to be withdrawn from shall commence:
8.3.1. in the case of a contract in the performance of which a Product is released by the Seller, with the Seller being also required to transfer the title to the Product (e.g. a Sales Contract) – once the possession of the Product has been taken by the consumer or by a person appointed thereby, other than a carrier, and in the case of a contract that: (1) is concerned with numerous Products delivered separately, in batches or partially – once the possession of the last Product, last batch or the last portion has been taken, or (2) consists in supplying the Products on a regular basis, over a definite period of time – once the possession of the first of such Products has been taken;
8.3.2. in the case of other contracts – upon the conclusion of the contract.
8.4. If a distance contract has been withdrawn from, it shall be deemed to have never been concluded.
8.5. The Seller is obliged to refund to the consumer, immediately and in no case later than within 14 calendar days from the date of receiving the consumer’s declaration on withdrawing from the contract, any payments made by the consumer, including the costs of delivering the Product (with the exception of additional costs resulting from the shipping method selected by the consumer, other than the least expensive, regular shipping method available at the Online Store). The Seller shall refund the payments made using the same method of payment that has been used by the consumer, unless the consumer expressly authorized a different refund method that does not require him to incur any additional expenses. If the Seller fails to offer to collect the Product from the consumer on their own, the Seller may suspend the refund of the payments received from the consumer until the Product is returned or until the consumer provides prof of sending it back, depending on whichever of these events occurs first.
8.6. The consumer shall be obliged to return the Product to the Seller or to hand it over to a person authorized by the Seller to collect it, without delay, within 14 calendar days from the date on which the contract has been withdrawn from at the latest, unless the Seller has proposed to collect the Product on their own. The deadline set forth above shall be deemed kept if the Product is shipped prior to its expiry. The consumer may return the Product to the following address: ul. Starowiejska 265, 08-110 Siedlce.
8.7. The consumer shall be liable for diminishing the value of the Product as a result of it being used in a manner that goes beyond what is necessary to identify the nature, features and the manner of operation of the Product.
8.8. Below are the potential costs, related to withdrawing from the contract, that the consumer is required to incur:
8.8.1. If the consumer has opted for a shipping method that is different than the least expensive, regular shipping method available at the Online Store, the Seller shall not be obliged to reimburse the consumer for such additional costs borne.
8.8.2. The consumer shall be responsible for the direct cost of returning the Product. In the case of Products that cannot be returned by regular mail (e.g. oversize Products), the consumer may be required to incur additional costs of returning such Products (an example of a price list of one of the forwarding companies is available here: https://www.sendit.pl/cennik/cenniki-krajowe/fedex)
8.8.3. In the case of a Product that is a service whose performance commenced – upon an explicit request of the consumer – prior to the expiry of the contract withdrawal deadline, the consumer exercising their right to withdraw from the contract shall be obliged, upon reporting such an intention, to pay for the services that have been performed prior to their withdrawal from the contract. The amount due shall be proportional to the scope of the services rendered, with the price or the remuneration agreed upon in the contract taken into consideration. If the price or the remuneration are excessive, the amount to the paid shall be worked out based on the market value of the services rendered.
8.9. Consumers shall not be authorized to withdraw from distance contracts:
8.9.1. (1) concerned with the provision of services, if the Seller has fully performed the service concerned, with an explicit consent of the consumer who has been informed, prior to the commencement of the provisions of the service, that once the service has been performed by the Seller, the consumer will no longer be entitled to exercise their right to withdraw from contracts; (2) under which the price or the remuneration depend on fluctuations occurring on the financial market, remaining beyond the control of the Seller and being likely to occur prior to the expiry of the deadline to withdraw from the contract; (3) which are concerned with the provision of a non-prefabricated Product, manufactured according to the consumer’s specification or aiming to satisfy its individual needs; (4) which are concerned with perishable Products or Products which are liable to deteriorate or expire quickly; (5) which are concerned with a Product delivered in a sealed packaging that cannot be returned once the packaging has been opened after delivery, due to health-related or hygienic reasons; (6) which are concerned with Products that are, after their delivery, due to their character, inseparably combined with other items; (7) which are concerned with alcoholic beverages the price of which has been agreed upon when concluding the Sales Contract and which may be delivered only after the period of 30 days and whose value depends on market fluctuations remaining beyond the control of the Seller; (8) in which the consumer has explicitly demanded that the Seller visit the consumer in order to perform an urgent repair or to perform urgent maintenance; if the Seller additionally renders other services whose performance was demanded by the consumer, or supplies Products other than spare parts required to perform the repair or the maintenance activities, the consumer shall have the right to withdraw from the contract only to the extent related to such additional services or Products; (9) that are concerned with audio or video recordings or computer software delivered in a sealed packaging, if such packaging has been open upon delivery; (10) that are concerned with the delivery of daily or periodic publications or magazines, with the exception of subscription contracts; (11) that have been concluded by way of a public auction; (12) that are concerned with accommodation services (other than related to permanent residence), transportation services, vehicle rental services, food and beverage services, travel services, entertainment, sports or cultural services, provided that the contract specifies the date on or the period of time within which the services is to be rendered; (13) that are concerned with the delivery of digital content not recorded on a physical medium, if the provisions of the service commenced, upon an express consent of the consumer, prior to the expiry of the deadline for withdrawal from the contract and upon the consumer being informed by the Seller about the waiver of the consumer’s right to withdraw from the contract.
8.10. The consumer-related provisions set forth in this Section 8 of the Rules and Regulations shall apply, from 1 January 2021, also to contracts concluded, on or after that date, by a Service Recipient or a Customer being a natural person concluding a contract that is directly related to their business activity, provided that the wording of the contract in question states that the contract is not linked to the professional activity of such a person, and is, in particular, unrelated to the subject of the business activity of such a person, as determined based on the information from the Central Register of Business Activities (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
9. PROVISIONS APPLICABLE TO ECONOMIC OPERATORS
9.1. This Section 9 of the Rules and Regulations and all of its provisions shall apply to and shall be binding only upon those Customers or Service Recipients who are not consumers, and starting from 1 January 2021, they shall also apply to contracts concluded, on or after that date, by Customers or Service Recipients not being a natural person concluding a contract that is directly related to their business activity, provided that the wording of the contract in question states that the contract is not linked to the professional activity of such a person, and is, in particular, unrelated to the subject of the business activity of such a person, as determined based on the information from the Central Register of Business Activities (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days from its conclusion. On such a case, the withdrawal from the Sales Contract may take place without stating any reasons behind such a decision and shall not give rise to any claims on the part of the Customer, towards the Seller.
9.3. The Seller shall have the right to restrict the number of payment methods available, and also to require an advance payment (full or partial), regardless of the payment method selected by the Customer and regardless of whether a Sales Contract has been concluded or not.
9.4. The Service Provider may terminate the Electronic Service contract with an immediate effect, without stating any reasons behind such a decision, by serving a relevant notice upon the Service Recipient.
9.5. Liability of the Service Provider/Seller towards the Service Recipient/Customer shall be limited, regardless of the legal grounds on which it is based. Such liability shall be limited (both per event and in connection with all claims made) to the price paid and the costs of delivery under a given Sales Contract, but shall in no event exceed the amount of one thousand zlotys. The limit set forth in the previous sentence shall apply to all claims made by the Service Recipient/Customer against the Service Provider/Seller, also in scenarios in which no Sales Contract has been concluded or in cases that are not related to the Sales Contract. The Service Provider/Seller shall be liable towards the Service Recipient/Customer solely for typical losses that are foreseeable upon conclusion of the Sales Contract and shall not be liable for any lost profits. The Seller shall not be liable for any delays in delivering the parcels as well.
9.6. Any disputes between the Seller/Service Provider and the Customer/Service Recipient shall be settled by a court having jurisdiction over the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish.
10.2. Amendments to Rules and Regulations:
10.2.1. The Service Provider reserves the right to amend these Rules and Regulations due to important reasons, including: amendments to legal regulations; changes affecting payment terms and methods, as well as deliveries; changes in the scope of Electronic Services rendered – to the extent to which such changes affect compliance with these Rules and Regulations.
10.2.2. Where contracts of indefinite nature are concluded pursuant to these Rules and Regulations (e.g. a contract concerned with the “Account” Electronic Service), the amended Rules and Regulations shall be binding upon the Service Recipient provided that the requirements set forth in Article 384 and Article 384[1] of the Civil Code have been complied with, i.e. the Service Recipient has been duly informed of such amendments and failed to terminate the contract within 15 calendar days of the date of such a notification. Where the amendment of the Rules and Regulations results in the introduction of any new fees or in an increase of the current fees, the Service Recipient shall have the right to withdraw from the contract.
10.2.3. Where contracts which are not permanent in nature are concluded pursuant to these Rules and Regulations (e.g. a Sales Contract), amendments to the Rules and Regulations shall not affect, in any manner whatsoever, the rights acquired by the Service Recipients/Customers prior to the date of entry of such amended Rules and Regulations into effect. In particular, amendments of the Rules and Regulations shall not affect the Orders that have already been or are being placed, or the performance of the Sales Contract.
10.3. In all matters not provided for in these Rules and Regulations, commonly applicable provisions of the Laws of Poland shall apply, including, in particular: the Civil Code; the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Act on Consumer Rights; and other provisions of generally applicable laws.
10.4. These Rules and Regulations shall not prejudice any provisions in effect in the country of residence of the consumer concluding the contract with the Service Provider/Seller whose application cannot be prejudiced by contract. In such a case, the Service Provider/Seller guarantees that the consumer will enjoy the protection granted pursuant to the provisions whose application cannot be prejudiced by contract.
11. TEMPLATE OF THE CONTRACT WITHDRAWAL FORM (APPENDIX 2 TO THE CONSUMER RIGHTS ACT)
Template of the agreement withdrawal form
(fill out and submit this form only if you intend to withdraw from the agreement)
– Addressee:
MOUTON INTERACTIVE KRZYSZTOF BARAN
ul. Starowiejska 265, 08-110 Siedlce
whamaku.pl
sklep@whamaku.pl
– I/We(*) hereby inform about my/our(*) withdrawal from the agreement concerned with the sale of (*) / with the delivery of (*) / from the deed contract concerned with the performance of the following activities(*) /services(*)
– Date the agreement was concluded(*)/the item concerned was delivered(*)
– First and last name of the consumer(s)
– Address of the consumer(s)
– signature of the consumer(s) (only if the form is submitted as a hard copy)
– Date
(*) Delete as necessary.
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES RENDERED BY THE ONLINE STORE
3. SALES CONTRACT TERMS AND CONDITIONS
4. PAYMENT TERMS AND MEANS OF PAYMENT
5. PRODUCT DELIVERY AND RECEIPT – COSTS, METHODS, DEADLINES
6. PRODUCT-RELATED COMPLAINTS
7. OUT-OF-COURT DISPUTE RESOLUTION PROCEDURES AND THEIR AVAILABILITY
8. RIGHT OF WITHDRAWAL
9. PROVISIONS APPLICABLE TO ECONOMIC OPERATORS
10. FINAL PROVISIONS
11. TEMPLATE OF THE CONTRACT WITHDRAWAL FORM
These Online Store Rules and Regulations have been drawn up by Regulaminowo.pl legal experts. The www.whamaku.pl online store attaches great importance to the protection of consumer rights. Consumers must not waive any rights conferred upon them in the Act on Consumer Rights. Terms and conditions of specific agreements that are less favorable for consumers than those provided for in the Act on Consumer Rights are not binding and shall be replaced by the provisions of the Act on Consumer Rights. In light of the above, provisions of these Rules and Regulations do not aim to waive or restrict any consumer rights conferred upon them pursuant to mandatory legal regulations, and any potential doubts shall be interpreted in a manner that is favorable for the consumer. Where any discrepancies between these Rules and Regulations and the provisions of law referred to above exist, the latter provisions shall prevail and shall be complied with.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.whamaku.pl is operated by Mr. Krzysztof Baran, conducting business activity under the company name of MOUTON INTERACTIVE KRZYSZTOF BARAN, entered into the Central Business Activity Register of the Republic of Poland maintained by the minister competent for the economy, with its registered and mailing address at: ul. Starowiejska 265, 08-110 Siedlce, NIP (Tax Identification Number) 8211520137, REGON (Statistical Number) 711664250, e-mail: sklep@whamaku.pl, telephone number: (+48) 600 055 695.
1.2. These Rules and Regulations shall be applicable both to consumers and to economic operators using the Online Store, unless a specific provision hereof states otherwise.
1.3. The personal data processed by the Online Store in connection with these Rules and Regulations are controlled by the Seller. Such personal data are processed for purposes, over periods and based on the principles set forth in the privacy policy that available on the Online Store’s website. The privacy policy sets forth, primarily, the principles based on which the personal data are processed by the Controller at the Online Store. It also specifies the legal basis, the objectives and the period of processing, and the rights of data subjects. It also specifies the procedures relied upon by the Online Store in connection with cookie files and analytical tools. The use of the Online Store and the purchases made therein are voluntary. Similarly, the provision of personal data by Service Recipients and Customers using the Online Store is voluntary as well, under reserve of specific exceptions identified in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY– any day from Monday to Friday, with bank holidays not included.
1.4.2. REGISTRATION FORM – a form available at the Online Store, used for creating an Account.
1.4.3. ORDER FORM – an Electronic Service relying on an interactive form available at the Online Store. The Order Form allows to place Orders, especially by adding Products to the electronic shopping cart, and determines the terms and conditions of the Sales Contract, including shipment and payment methods.
1.4.4. CUSTOMER – (1) a natural person capable of entering into legal transactions, and in cases provided for in generally applicable regulations – also a natural person whose capability of entering into legal transactions has been limited; (2) a legal person, or (3) an organizational unit without legal personality, capable of entering into legal transactions under a specific act, which has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service identifiable by a user-specific name (login) and password chosen by the Service Recipient and stored in the Service Provider’s IT system. The Account is used for maintaining data made available by the Service Recipient and information concerning the Orders the Service Recipient has placed at the Online Store.
1.4.7. NEWSLETTER – an Electronic Service (distribution service) rendered by the Service Provider via e-mail or text-messaging channels, enabling all Service Recipients taking advantage of this particular service to automatically receive, from the Service Provider, in a periodic manner, subsequent issues of the newsletter containing information about Products, new offers and promotional campaigns of the Online Store.
1.4.8. REVIEWS – an Electronic Service enabling the Service Recipients to add reviews, opinions, evaluations and comments concerning the Products.
1.4.9. PRODUCT – a movable tangible item available at the Online Store and constituting the subject of the Sales Contract concluded between he Customer and the Seller.
1.4.10. REGULATIONS – these Online Store Rules and Regulations.
1.4.11. ONLINE STORE – the Service Provider’s online store available at: www.whamaku.pl.
1.4.12. SELLER, SERVICE PROVIDER – Mr. Krzysztof Baran, conducting business activity under the company name of MOUTON INTERACTIVE KRZYSZTOF BARAN, entered into the Central Business Activity Register of the Republic of Poland maintained by the minister competent for the economy, with its registered and mailing address at: ul. Starowiejska 265, 08-110 Siedlce, NIP (Tax Identification Number) 8211520137, REGON (Statistical Number) 711664250, e-mail: sklep@whamaku.pl, telephone number: (+48) 600 055 695.
1.4.13. SALES CONTRACT – a Product sales contract that has been or is being concluded between the Customer and the Seller, via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider, for the benefit of the Service Recipient, via the Online Store.
1.4.15. SERVICE RECIPIENT – (1) a natural person capable of entering into legal transactions, and in cases provided for in generally applicable regulations – also a natural person whose capability of entering into legal transactions has been limited; (2) a legal person, or (3) an organizational unit without legal personality, capable of entering into legal transactions under a specific act, which takes advantage or intends to take advantage of an Electronic Service.
1.4.16. ACT ON CONSUMER RIGHTS – Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
1.4.17. ORDER – a declaration of will submitted by the Customer via the Order Form and intended to conclude a Product Sales Contract directly with the Seller.
2. ELECTRONIC SERVICES RENDERED BY THE ONLINE STORE
2.1. The following Electronic Services are available at the Online Store: Account, Order Form, Newsletter and Reviews.
2.1.1. Account – the Service Recipient may use the Account having previously completed two steps– (1) filling out the Registration Form and (2) clicking the “Create Account” button. The following data need to be provided by the Service Recipient in the Registration Form: first and last name, e-mail and password. The account may also be created by marking the appropriate checkbox and by providing the password while submitting an Order – the Account will be created once the Order has been placed.
2.1.1.1. The “Account” Electronic Service is rendered free of charge and is of an indefinite nature. The Service Recipient may delete the Account (terminate the Account service) at any time, without being required to state any reasons behind such a decision, by submitting a relevant request to the Service Provider, in particular by an e-mail message sent to: sklep@whamaku.pl or in writing, to: ul. Starowiejska 265, 08-110 Siedlce.
2.1.2. Order Form – the process of using the Order Form commences once the Customer adds the first Product to the electronic shopping cart at the Online Store. The Order is considered placed after the Customer has completed both steps identified below – (1) has filled out the Order Form and (2) has clicked, after having filled out the Order Form at the Online Store’s website, the “Order and Pay” button. Prior to completing the aforementioned tasks, the data entered may be modified (to modify the data, please follow the prompts displayed and the information available at the Online Store’s website). The Customer is required to provide, in the Online From, the following information: first and last name / company name, address (street, building/apartment number, postal code, town/city, country), e-mail address, telephone number and data concerning the Sales Contract: Product(s), quantity, delivery method and destination, means of payment. In the case of Customers not being consumers, the name of the company and NIP (Tax Identification Number) need to be stated as well.
2.1.2.1. The “Order Form” Electronic Service is rendered free of charge, is a one-off service and is considered to have been completed after the Order has been placed with the use of the Order Form or after the process of submitting the Order with the use of the Order Form is discontinued by the Service Recipient.
2.1.3. Newsletter – The “Newsletter” service may be taken advantage of once the Service Recipient has performed, jointly, three steps identified below – (1) providing, under the “Newsletter” tab of the Online Store’s website, the e-mail address to which the subsequent Newsletter issues are to be sent, (2) clicking the “Send” button and (3) confirming the Service Recipient’s intention to sign up for the Newsletter by clicking the link sent automatically to the e-mail address provided. The Newsletter may also be signed up for by marking the applicable checkbox while setting up an Account or while placing an Order – in such a scenario, the Service Recipient shall be signed up for the Newsletter upon creating the Account or submitting the Order.
2.1.3.1. The “Newsletter” Electronic Service is rendered free of charge and indefinitely. The Service Recipient may unsubscribe from the Newsletter (terminate the Newsletter service) at any time, without being required to state any reasons behind such a decision, by submitting a relevant request to the Service Provider, in particular by an e-mail message sent to: sklep@whamaku.pl or in writing, to: ul. Starowiejska 265, 08-110 Siedlce. The Newsletter may also be unsubscribed from after providing, under the “Newsletter” tab available at the Online Store’s website, the e-mail address that was previously added to the Newsletter’s database, an upon clicking the “Unsubscribe” button.
2.1.4. Reviews – only those Service Recipients may take advantage of the “Reviews” Electronic Service who have concluded a Sales Contract at the Online Store. Reviews may be added after completing all of the three steps described below – (1) going to the reviews tab on the site of a specific Product, (2) filling out the form with the first name and e-mail address of the Service Recipient, providing the wording of the review, making a graphic assessment of the Product (1 to 5 stars) and (3) clicking the “Submit” button. When taking advantage of the “Reviews” Electronic Service, the Service Recipient shall be required to provide reliable and true information only. The Service Recipient must not publish any offensive reviews or ones that fail to reflect the actual condition of the Product.
2.1.4.1. The “Reviews” Electronic Service is rendered free of charge and is of the one-off variety. It shall be deemed to have been completed once the review has been published or once the Service Recipient discontinues to take advantage of the Electronic Service concerned. Reviews provided by the Service Recipients may only be published on the Online Store’s website after being approved by the Service Provider.
2.2. Technical requirements that need to be met in order to take advantage of the Service Provider’s IT system: (1) desktop or laptop computer or another multimedia device with Internet access; (2) access to e-mail; (3) updated web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) cookie files and JavaScript support enabled in the web browser.
2.3. The Service Recipient shall be obliged to use the Online Store in a lawful manner, in accordance with good practices, and while doing so, the Service Recipient shall also respect all copyright and intellectual property rights of the Service Provider and of any third parties. The Service Recipient shall be obliged to provide true and correct information. The Service Recipient is prohibited from providing any illegal content.
2.4. Complaints regarding Electronic Services:
2.4.1. Complaints that are concerned with the provision of Electronic Services by the Service Provider, as well as any other complaints concerning the operation of the Online Store (with the exception of Product-related complaints that are handled in accordance with the provisions of Section 6 of these Rules and Regulations) may be submitted by the Service Recipient, for instance:
2.4.1.1. in writing, to: ul. Starowiejska 265, 08-110 Siedlce;
2.4.1.2. electronically, by e-mail to: sklep@whamaku.pl.
2.4.2. It is recommended that the Service Recipient specify, in the complaint: (1) information concerning the irregularities that have been discovered, in particular their type and the date on which they were identified; (2) expectations of the Service Recipient; and (3) contact details of the person submitting the complaint, as this will facilitate the process of reviewing the complaint by the Service Provider. The requirements set forth in the preceding sentence are a recommendation only and do not affect the effectiveness of complaints submitted without adhering to the aforementioned recommendations.
2.4.3. The Service Provider shall assume a position towards the complaint without delay, in no case later than within 14 calendar days from its submission.
3. SALES CONTRACT TERMS AND CONDITIONS
3.1. The Sales Contract is concluded between the Customer and the Seller upon the submission, by the Customer, of the Order via the Order Form at the Online Store, in accordance with item 2.1.2 of these Rules and Regulations.
3.2. The price of the Product stated at the Online Store is denominated in Polish zlotys and includes all applicable taxes. The total price of the Product ordered, including all taxes and shipping costs (including cost of transportation, delivery and postal services), as well as any other costs, and – where their amount cannot be determined – the requirement to settle these – shall be communicated to the Customer via the Online Store’s website, while placing the Order, including also at the time at which the Customer expresses their intention to become bound by the Sales Contract.
3.3. The Sales Contract may also be concluded between the Customer and the Seller outside the Online Store, via e-mail or by phone. In such a case, the conclusion of the Sales Contract, as well as its terms and conditions shall be agreed upon, on a case-by-case basis, between the Customer and the Seller, and shall always be confirmed on a durable medium (e.g. in an e-mail message).
3.4. Procedure for concluding the Sales Contract at the Online Store, using the Order Form
3.4.1. The Sales Contract is concluded between the Customer and the Seller upon the submission, by the Customer, of the Order with the Online Store, in compliance with the provisions of item 2.1.2 of the Rules and Regulations.
3.4.2. Once the Order has been submitted, the Seller shall immediately confirm its receipt and shall simultaneously accept the Order for execution. Confirmation of receipt of the Order and of its acceptance for execution shall have the form of an e-mail message sent by the Seller to the Customer, to the Customer’s e-mail address specified while placing the Order. The message in question shall contain, at least, the Seller’s declaration on receiving the Order and on accepting it for execution, and a confirmation of conclusion of the Sales Contract. Once the aforementioned e-mail message has been received by the Customer, the Sales Contract shall be deemed to have been concluded between the Customer and the Seller.
3.5. The wording of the Sales Contract concluded shall be recorded, secured and made available to the Customer by (1) making the wording of these Rules and Regulations available on the Online Store’s website and by (2) sending, to the Customer, the e-mail message referred to in item 3.4.2 hereof. The wording of the Sales Contract shall be additionally fixed in a permanent format and secured in the IT system of the Seller’s Online Store.
3.6 Pursuant to the provisions of the Act of March 11, 2004 on tax on goods and services (consolidated text: Journal of Laws 2011 No. 177 item 1054), the Customer accepts the issuing and sending of invoices in electronic form sent to the e-mail address provided during registration or in the order form. The moment of receipt of the invoice by the Customer is the moment when the invoice was delivered to the Customer's electronic means of communication in such a way that the Customer could read its content.
4. PAYMENT TERMS AND MEANS OF PAYMENT
4.1. The Seller shall make available, to the Customer, the following means of payment in connection with the Sales Contract:
4.1.1. Payment in cash on delivery of the package.
4.1.2. Wire transfer to the Seller’s bank account.
4.1.3. Electronic payments and bank card payments made via PayU.pl, Przelewy24.pl and PayPal.com – the payment methods that are currently available are defined on the Online Store’s website, under the tab devoted to means of payment, and on the following websites: https://www.payu.pl, https://www.przelewy24.pl and https://www.paypal.com/pl.
4.1.3.1. Transactions concluded with the use of electronic payments and bank cards shall be settled, at the discretion of the Customer, via PayU.pl, Przelewy24.pl or PayPal.com. Electronic and bank card payments are handled by:
4.1.3.1.1. PayU.pl – a company under the name of PayU S.A., with its registered office in Poznań (ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań under the number KRS 0000274399; with the share capital of PLN 4,944,000.00, paid up in full; NIP (Tax Identification Number): 7792308495.
4.1.3.1.2. Przelewy24.pl – a company under the name of PayPro S.A. with its registered office in Poznań (ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań under the number KRS 0000347935; with the share capital of PLN 4,500,000.00; NIP (Tax Identification Number): 7792369887, REGON (Statistical Number): 301345068.
4.1.3.1.3. PayPal.com – a company under the name of PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.4. Payments made in installments – payments are made in whole or in part by relying on a credit facility granted by PayU.pl. Detailed information on the crediting institutions currently offering their products is available at https://www.payu.pl.
4.2. Payment terms:
4.2.1. Should the Customer opt for a wire transfer, an electronic payment or a bank card payment, they shall be obliged to make such a payment within 7 calendar days from concluding the Sales Contract.
4.2.2. Should the Customer opt for a cash payment upon delivery of the package, they shall be obliged to make the payment upon collecting the package.
4.2.3. Should the Customer opt for a payment made in installments, they shall be obliged to make the payments towards the creditor of their choice in accordance with the applicable payment schedule.
5. PRODUCT DELIVERY AND RECEIPT – COSTS, METHODS, DEADLINES
5.1. Products are delivered to Customers against a charge, unless the Sales Contract provides otherwise. The cost of shipping the Product (including the cost of transportation, delivery and postal services) is stated to the Customer on the Online Store’s website, under the shipping cost tab, and also when the Customer expresses their intention to become bound by the Sales Contract.
5.2. Products may be picked up by the Customer in person, free of charge.
5.3. The Seller shall make the following Product shipping or pick up options available to the Customers:
5.3.1. Postal service parcel postal service parcel with payment collected upon delivery.
5.3.2. Courier parcel, courier parcel with payment collected upon delivery.
5.3.3. Pick up at a parcel kiosk.
5.3.4. Full pallet parcel.
5.3.5. Local pick up at ul. Starowiejska 265, 08-110 Siedlce – on Business Days, from 8:00 am to 4:00 pm.
5.4. Products shall be delivered to the Customer within 14 Business Days, unless a shorter deadline is given in the description of a specific Product or while placing the Order. If numerous Products with differing delivery dates are purchased, the longest of those delivery dates shall apply, which shall in no case be longer than 14 Business Days. The period of time during which the Product shall be delivered to the Customer shall be calculated in the following manner:
5.4.1. Should the Customer opt for a wire transfer, an electronic payment or a bank card payment – it shall commence on the date on which the bank account or the settlement account of the Seller is credited with the amount due.
5.4.2. Should the Customer opt for a cash payment upon delivery – it shall commence on the date on which the Sales Contract is concluded.
5.4.3. Where the Customer opts for a payment method relying on installments – it shall commence on the date on which the Seller is notified, by the lender, about the conclusion of a credit agreement with the Customer, but in no case later than on the date on which the Seller’s bank account is credited with the funds under the credit facility granted.
5.5. Availability of Products for pick up by Customer – where the Customer opts to pick up the Product in person, the Product shall be available for collection within 5 Business Days, unless a shorter deadline is given in the description of a specific Product or while placing the Order. If numerous Products with differing pickup dates are purchased, the latest of those dates shall apply, which shall in no case be longer than 5 Business Days. The Customer shall be additionally informed by the Seller when the Product is available for pick up. The period of time during which the Product shall be available for pick up shall be calculated in the following manner:
5.5.1. Should the Customer opt for a wire transfer, an electronic payment or a bank card payment – it shall commence on the date on which the bank account or the settlement account of the Seller is credited with the amount due.
5.5.2. Where the Customer opts for a payment method relying on installments – it shall commence on the date on which the Seller is notified, by the lender, about the conclusion of a credit agreement with the Customer, but in no case later than on the date on which the Seller’s bank account is credited with the funds under the credit facility granted.
6. PRODUCT-RELATED COMPLAINTS
6.1. If the Product sold suffers from a physical or a legal defect (guaranty), the scope of the Seller’s liability towards the Customer is set forth under generally applicable legal regulations, and in particular in the Civil Code (Articles 556-576 of the Civil Code).
6.2. The Seller shall be obliged to deliver, to the Customer, a Product that is free of any defects. Detailed information on the Seller’s defect-related liability and on the Customer’s rights is available on the Online Store’s website, under the tab related to complaints.
6.3. Complaints may be submitted by Customers, for instance:
6.3.1. in writing, to: ul. Starowiejska 265, 08-110 Siedlce;
6.3.2. by e-mail, to: sklep@whamaku.pl.
6.4. It is recommended that the Customer specify, in the complaint: (1) information concerning the irregularities that have been discovered, in particular their type and the date on which they were identified; (2) expectations pertaining to the manner in which the Product is expected to be brought to a condition that complies with the Sales Contract, or a declaration on demanding a price discount or on withdrawing from the Sales Contract and (3) contact details of the person submitting the complaint, as this will facilitate the process of reviewing the complaint by the Seller. The requirements set forth in the preceding sentence are a recommendation only and do not affect the effectiveness of complaints submitted without adhering to the aforementioned recommendations.
6.5. The Seller shall assume a standpoint with regard to the Customer’s complaint without delay, within 14 calendar days from its submission at the latest. If a Customer being a consumer has demanded, under their guaranty-related rights, that the item purchased be exchanged, that the defect be eliminated, or has submitted a declaration demanding that the price be reduced, simultaneously specifying the amount by which it ought to be reduced, and the Seller has failed to assume a standpoint with regard to such a demand within 14 calendar days, the demand shall be deemed to have been accepted.
6.6. A Customer exercising their guaranty rights shall be obliged to deliver the Product to the following address: ul. Starowiejska 265, 08-110 Siedlce. If the Customer is a consumer, the cost of delivering the Product shall be borne by the Seller. If, due to the nature of the Product or the manner in which it is installed, the delivery of the Product by a Customer being a consumer is overly troublesome, the Customer shall be obliged to make the Product available to the Seller at the location at which the Product is present.
6.7. Pursuant to Article 558(1) of the Civil Code, the Seller’s guaranty-related liability for the Product, towards a Customer not being a consumer, is excluded.
7. OUT-OF-COURT DISPUTE RESOLUTION PROCEDURES AND THEIR AVAILABILITY
7.1. Detailed information on the ability of a Customer being a consumer to take advantage of out-of-court dispute resolution procedures applicable to handling complaints and satisfying claims, as well as on the availability thereof, is available on the website of the Office for Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The President of the Office for Competition and Consumer Protection has established a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, mailing address: pl. Powstańców Warszawy 1, 00-030 Warszawa) whose task is to assist consumers in issues related to alternative resolution of consumer-related disputes.
7.3. Consumers may take advantage, for instance, of the following out-of-court dispute resolution procedures: (1) they may submit a request for resolving the dispute to a permanent consumer-related court of arbitration (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) they may submit a request for resolving the dispute, in an out-of-court procedure, to a regional Trade Inspection Inspector (for more information please visit the website of the trade inspector relevant for the location at which the Seller is conducting business activity); and (3) they may apply, for assistance, to the local (city or municipal) consumer ombudsman or to a non-governmental organization whose statute sets forth that is has been established to protect consumer rights (for instance Federacja Konsumentów (Consumer Federation), Stowarzyszenie Konsumentów Polskich (Polish Consumers’ Association). Consultations are offered, inter alia, by e-mail at porady@dlakonsumentow.pl or by phone at 801 440 220 (on Business Days, from 8:00 am to 6:00 pm, operator rates apply).
7.4. An online EU platform enabling consumers and entrepreneurs to resolve their disputes in an alternative manner is available at http://ec.europa.eu/consumers/odr (ODR platform). The ODR platform is an interactive, multilingual website offering one-stop assistance to consumers and undertakings seeking to resolve their disputes concerning contractual obligations arising out of an online sales or service provision agreement by relying on alternative dispute resolution procedures (for more information please visit the platform or check the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has concluded a distance contract may withdraw therefrom within 14 calendar days, without stating any reasons behind such a withdrawal and without bearing any costs other than those referred to under item 8.8 of the Rules and Regulations. The deadline referred to above shall be deemed kept if a relevant declaration has been submitted prior to its expiry. The declaration on withdrawing from the contract may be submitted, for instance:
8.1.1. in writing, to: ul. Starowiejska 265, 08-110 Siedlce;
8.1.2. electronically, by e-mail, to: sklep@whamaku.pl.
8.2. A template of a contract withdrawal from is presented in Appendix 2 to the Consumer Rights Act and is also available under Section 11 of these Rules and Regulations. The Consumer may decide to use the template of the form, but its use is not mandatory.
8.3. The period of time during which the contract has to be withdrawn from shall commence:
8.3.1. in the case of a contract in the performance of which a Product is released by the Seller, with the Seller being also required to transfer the title to the Product (e.g. a Sales Contract) – once the possession of the Product has been taken by the consumer or by a person appointed thereby, other than a carrier, and in the case of a contract that: (1) is concerned with numerous Products delivered separately, in batches or partially – once the possession of the last Product, last batch or the last portion has been taken, or (2) consists in supplying the Products on a regular basis, over a definite period of time – once the possession of the first of such Products has been taken;
8.3.2. in the case of other contracts – upon the conclusion of the contract.
8.4. If a distance contract has been withdrawn from, it shall be deemed to have never been concluded.
8.5. The Seller is obliged to refund to the consumer, immediately and in no case later than within 14 calendar days from the date of receiving the consumer’s declaration on withdrawing from the contract, any payments made by the consumer, including the costs of delivering the Product (with the exception of additional costs resulting from the shipping method selected by the consumer, other than the least expensive, regular shipping method available at the Online Store). The Seller shall refund the payments made using the same method of payment that has been used by the consumer, unless the consumer expressly authorized a different refund method that does not require him to incur any additional expenses. If the Seller fails to offer to collect the Product from the consumer on their own, the Seller may suspend the refund of the payments received from the consumer until the Product is returned or until the consumer provides prof of sending it back, depending on whichever of these events occurs first.
8.6. The consumer shall be obliged to return the Product to the Seller or to hand it over to a person authorized by the Seller to collect it, without delay, within 14 calendar days from the date on which the contract has been withdrawn from at the latest, unless the Seller has proposed to collect the Product on their own. The deadline set forth above shall be deemed kept if the Product is shipped prior to its expiry. The consumer may return the Product to the following address: ul. Starowiejska 265, 08-110 Siedlce.
8.7. The consumer shall be liable for diminishing the value of the Product as a result of it being used in a manner that goes beyond what is necessary to identify the nature, features and the manner of operation of the Product.
8.8. Below are the potential costs, related to withdrawing from the contract, that the consumer is required to incur:
8.8.1. If the consumer has opted for a shipping method that is different than the least expensive, regular shipping method available at the Online Store, the Seller shall not be obliged to reimburse the consumer for such additional costs borne.
8.8.2. The consumer shall be responsible for the direct cost of returning the Product. In the case of Products that cannot be returned by regular mail (e.g. oversize Products), the consumer may be required to incur additional costs of returning such Products (an example of a price list of one of the forwarding companies is available here: https://www.sendit.pl/cennik/cenniki-krajowe/fedex)
8.8.3. In the case of a Product that is a service whose performance commenced – upon an explicit request of the consumer – prior to the expiry of the contract withdrawal deadline, the consumer exercising their right to withdraw from the contract shall be obliged, upon reporting such an intention, to pay for the services that have been performed prior to their withdrawal from the contract. The amount due shall be proportional to the scope of the services rendered, with the price or the remuneration agreed upon in the contract taken into consideration. If the price or the remuneration are excessive, the amount to the paid shall be worked out based on the market value of the services rendered.
8.9. Consumers shall not be authorized to withdraw from distance contracts:
8.9.1. (1) concerned with the provision of services, if the Seller has fully performed the service concerned, with an explicit consent of the consumer who has been informed, prior to the commencement of the provisions of the service, that once the service has been performed by the Seller, the consumer will no longer be entitled to exercise their right to withdraw from contracts; (2) under which the price or the remuneration depend on fluctuations occurring on the financial market, remaining beyond the control of the Seller and being likely to occur prior to the expiry of the deadline to withdraw from the contract; (3) which are concerned with the provision of a non-prefabricated Product, manufactured according to the consumer’s specification or aiming to satisfy its individual needs; (4) which are concerned with perishable Products or Products which are liable to deteriorate or expire quickly; (5) which are concerned with a Product delivered in a sealed packaging that cannot be returned once the packaging has been opened after delivery, due to health-related or hygienic reasons; (6) which are concerned with Products that are, after their delivery, due to their character, inseparably combined with other items; (7) which are concerned with alcoholic beverages the price of which has been agreed upon when concluding the Sales Contract and which may be delivered only after the period of 30 days and whose value depends on market fluctuations remaining beyond the control of the Seller; (8) in which the consumer has explicitly demanded that the Seller visit the consumer in order to perform an urgent repair or to perform urgent maintenance; if the Seller additionally renders other services whose performance was demanded by the consumer, or supplies Products other than spare parts required to perform the repair or the maintenance activities, the consumer shall have the right to withdraw from the contract only to the extent related to such additional services or Products; (9) that are concerned with audio or video recordings or computer software delivered in a sealed packaging, if such packaging has been open upon delivery; (10) that are concerned with the delivery of daily or periodic publications or magazines, with the exception of subscription contracts; (11) that have been concluded by way of a public auction; (12) that are concerned with accommodation services (other than related to permanent residence), transportation services, vehicle rental services, food and beverage services, travel services, entertainment, sports or cultural services, provided that the contract specifies the date on or the period of time within which the services is to be rendered; (13) that are concerned with the delivery of digital content not recorded on a physical medium, if the provisions of the service commenced, upon an express consent of the consumer, prior to the expiry of the deadline for withdrawal from the contract and upon the consumer being informed by the Seller about the waiver of the consumer’s right to withdraw from the contract.
8.10. The consumer-related provisions set forth in this Section 8 of the Rules and Regulations shall apply, from 1 January 2021, also to contracts concluded, on or after that date, by a Service Recipient or a Customer being a natural person concluding a contract that is directly related to their business activity, provided that the wording of the contract in question states that the contract is not linked to the professional activity of such a person, and is, in particular, unrelated to the subject of the business activity of such a person, as determined based on the information from the Central Register of Business Activities (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
9. PROVISIONS APPLICABLE TO ECONOMIC OPERATORS
9.1. This Section 9 of the Rules and Regulations and all of its provisions shall apply to and shall be binding only upon those Customers or Service Recipients who are not consumers, and starting from 1 January 2021, they shall also apply to contracts concluded, on or after that date, by Customers or Service Recipients not being a natural person concluding a contract that is directly related to their business activity, provided that the wording of the contract in question states that the contract is not linked to the professional activity of such a person, and is, in particular, unrelated to the subject of the business activity of such a person, as determined based on the information from the Central Register of Business Activities (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days from its conclusion. On such a case, the withdrawal from the Sales Contract may take place without stating any reasons behind such a decision and shall not give rise to any claims on the part of the Customer, towards the Seller.
9.3. The Seller shall have the right to restrict the number of payment methods available, and also to require an advance payment (full or partial), regardless of the payment method selected by the Customer and regardless of whether a Sales Contract has been concluded or not.
9.4. The Service Provider may terminate the Electronic Service contract with an immediate effect, without stating any reasons behind such a decision, by serving a relevant notice upon the Service Recipient.
9.5. Liability of the Service Provider/Seller towards the Service Recipient/Customer shall be limited, regardless of the legal grounds on which it is based. Such liability shall be limited (both per event and in connection with all claims made) to the price paid and the costs of delivery under a given Sales Contract, but shall in no event exceed the amount of one thousand zlotys. The limit set forth in the previous sentence shall apply to all claims made by the Service Recipient/Customer against the Service Provider/Seller, also in scenarios in which no Sales Contract has been concluded or in cases that are not related to the Sales Contract. The Service Provider/Seller shall be liable towards the Service Recipient/Customer solely for typical losses that are foreseeable upon conclusion of the Sales Contract and shall not be liable for any lost profits. The Seller shall not be liable for any delays in delivering the parcels as well.
9.6. Any disputes between the Seller/Service Provider and the Customer/Service Recipient shall be settled by a court having jurisdiction over the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish.
10.2. Amendments to Rules and Regulations:
10.2.1. The Service Provider reserves the right to amend these Rules and Regulations due to important reasons, including: amendments to legal regulations; changes affecting payment terms and methods, as well as deliveries; changes in the scope of Electronic Services rendered – to the extent to which such changes affect compliance with these Rules and Regulations.
10.2.2. Where contracts of indefinite nature are concluded pursuant to these Rules and Regulations (e.g. a contract concerned with the “Account” Electronic Service), the amended Rules and Regulations shall be binding upon the Service Recipient provided that the requirements set forth in Article 384 and Article 384[1] of the Civil Code have been complied with, i.e. the Service Recipient has been duly informed of such amendments and failed to terminate the contract within 15 calendar days of the date of such a notification. Where the amendment of the Rules and Regulations results in the introduction of any new fees or in an increase of the current fees, the Service Recipient shall have the right to withdraw from the contract.
10.2.3. Where contracts which are not permanent in nature are concluded pursuant to these Rules and Regulations (e.g. a Sales Contract), amendments to the Rules and Regulations shall not affect, in any manner whatsoever, the rights acquired by the Service Recipients/Customers prior to the date of entry of such amended Rules and Regulations into effect. In particular, amendments of the Rules and Regulations shall not affect the Orders that have already been or are being placed, or the performance of the Sales Contract.
10.3. In all matters not provided for in these Rules and Regulations, commonly applicable provisions of the Laws of Poland shall apply, including, in particular: the Civil Code; the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Act on Consumer Rights; and other provisions of generally applicable laws.
10.4. These Rules and Regulations shall not prejudice any provisions in effect in the country of residence of the consumer concluding the contract with the Service Provider/Seller whose application cannot be prejudiced by contract. In such a case, the Service Provider/Seller guarantees that the consumer will enjoy the protection granted pursuant to the provisions whose application cannot be prejudiced by contract.
11. TEMPLATE OF THE CONTRACT WITHDRAWAL FORM (APPENDIX 2 TO THE CONSUMER RIGHTS ACT)
Template of the agreement withdrawal form
(fill out and submit this form only if you intend to withdraw from the agreement)
– Addressee:
MOUTON INTERACTIVE KRZYSZTOF BARAN
ul. Starowiejska 265, 08-110 Siedlce
whamaku.pl
sklep@whamaku.pl
– I/We(*) hereby inform about my/our(*) withdrawal from the agreement concerned with the sale of (*) / with the delivery of (*) / from the deed contract concerned with the performance of the following activities(*) /services(*)
– Date the agreement was concluded(*)/the item concerned was delivered(*)
– First and last name of the consumer(s)
– Address of the consumer(s)
– signature of the consumer(s) (only if the form is submitted as a hard copy)
– Date
(*) Delete as necessary.