Terms and conditions of the Wanbo online shop

Specifying, among other things, the rules for concluding sales contracts through the Shop, containing the most important information about the Seller, the Shop and the Consumer's rights.

§ 1 DEFINITIONS

Working days - days from Monday to Friday except public holidays.
Account - a free-of-charge function of the Store (electronically supplied service) regulated by separate regulations, by which the Buyer may create his/her own individual Account in the Store.
Consumer - a buyer who is a natural person and who makes a legal transaction with the Seller that is not directly related to his commercial or professional activity.
Entrepreneur making a non-professional order - a natural person concluding a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for him/her, arising in particular from the subject matter of his/her business activity made available pursuant to the provisions on the Central Register and Information on Business Activity.
Buyer - any person purchasing from the Shop.
Regulations - these rules.
Shop - Wanbo online shop, operated by the Seller at: https://www.wanbo-polska.com/
Seller - Batna spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Boznańskiej Olgi 3E, 42-202 Częstochowa, entered into the National Court Register - Register of Entrepreneurs by the District Court in Częstochowa, XVII Commercial Division of the National Court Register, under KRS no.: 0001003926, NIP no.: 5732901461, REGON no.: 380387214, Share capital amount: PLN 40000.00.
Order - an offer to conclude a contract for the sale of goods visible in the Shop, within the meaning of the Civil Code, submitted to the Seller by the Buyer via the Shop, including at least: designation of the goods, their price and cost of delivery. 

§ 2 CONTACTING THE SELLER

1. Postal address: ul. 1 Maja 23, 42-217 Częstochowa.
2. E-mail address: [email protected]
3. Address for return of goods (in case of withdrawal): ul. 1 Maja 23, 42-217 Częstochowa.
4. Address for dispatch of the goods under complaint: ul. 1 Maja 23, 42-217 Częstochowa with the annotation RMA.
5. Telephone: +48 34 361 04 48

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Shop you need:
   1. a device with Internet access,
   2. a web browser that supports JavaScript and cookies.
2. In order to place an Order in the Shop, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.
3. If you use an ad-blocking solution to block the display of advertisements on websites, the Shop may operate to a limited extent.

§ 4 PLACING ORDERS

1. The Buyer places an Order with the Seller via the Shop.
2. The Buyer may place an Order by entering his details once in the designated Order form in the Shop.
3. In order to place an Order in the first stage, the relevant goods must be added to the shopping basket in the Shop, as well as its parameters - if applicable.
4. The Buyer then selects the method of delivery of the goods, the method of payment for the Order and provides his details (including the shipping address for the Order).
5. When the Buyer confirms the contents of the Order and accepts the Terms and Conditions, the Order is placed.
6. Upon acceptance of the Order by the Seller, a contract for the sale of the goods on the terms and conditions specified in the Order is concluded.
7. Acceptance of the Order takes place when the Seller sends an e-mail message to the Buyer with the appropriate content informing of acceptance of the Order for execution, to the address specified in the User Account or in the Order, in case the Buyer does not have such an Account.
8. The Seller's acceptance of the Order subject to amendment or supplementation shall be deemed a new offer and only upon its acceptance by the Purchaser shall the contract of sale be concluded.
9. The Seller shall respond to the Order received without delay.
10. The seller shall provide the buyer with confirmation of the conclusion of the sales contract on a durable medium within a reasonable time after its conclusion, at the latest upon delivery of the goods.

§ 5 COST OF THE CONTRACT

1. The prices given in the Shop are given in Polish zloty and include VAT (with a distinction of the rate).
2. The total cost of the Order consists of the price for the goods indicated in the goods description and the cost of delivery specified in the relevant tab in the Shop and when placing the Order. After the Buyer has selected the goods and the manner of their delivery, the Buyer shall learn the total cost of the Order which he intends to place via the Shop.
3. The binding and final price is the price shown in the "Basket" in the order summary when the Customer places an order via the Online Shop and selects the method and country of delivery.

§ 5 PAYMENTS

1. The Buyer may pay for the Order placed, depending on the Buyer's choice:
   1. cash on delivery, i.e. when the goods are delivered to him,
   2. by cash on delivery of the goods in person,
   3. by simple transfer to the Seller's bank account,
   4. via a payment platform:
      • Przelewy24,
      • imoje
   5. by payment card:
      • Visa,
      • Visa Electron,
      • MasterCard,
      • MasterCard Electronic,
      • Maestro,
2. If the Buyer chooses to pay in advance, the Order must be paid for within 7 days of the Order being placed.
3. The Seller informs that in the case of certain payment methods, due to their specific nature, payment of the Order by this method is only possible immediately after the Order is placed.
4. By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 7 PROCESSING OF THE ACCEPTED ORDER

1. Delivery of the goods is not limited to the territory of the Republic of Poland and takes place to the address indicated by the Buyer when placing the Order.
2. The time limit for fulfilment of the Order consists of the date of dispatch of the goods indicated in the Shop and the date of delivery indicated in this paragraph.
3. In the event that the Buyer has chosen to pay in advance for the Order, the Seller will proceed with the Order once it has been paid for.
4. If the Purchaser has purchased goods with different lead times within one Order, the Order shall be fulfilled within the time limit applicable to the goods with the longest lead time.
5. Goods purchased from the Shop are delivered within the territory of Poland, depending on which delivery method the Buyer has chosen:
   1. via courier service,
6. Delivery of the ordered Goods outside of Poland is carried out by a courier company.
7. If, as part of the Order, the Buyer has purchased goods marked in the Shop as bulky goods, the Order shall be dispatched by pallet on EURO pallets with the dimensions of 120 x 80 cm and the maximum height (including the pallet) of 180 cm.
8. The time limit for delivery of the goods in the cases referred to in paragraphs 5 and 7 is between 2 and 8 working days from the dispatch of the goods by the Seller.
9. The buyer may collect the goods in person in Częstochowa at ul. 1 Maja 23, 42-217, from Monday to Friday between 9.00 am and 4.45 pm.
10. If the buyer chooses to collect the goods in person, the goods will be ready within the period agreed with the seller once the seller has been informed that the goods are ready for collection.

§ 8 PROMOTIONAL ACTION

1. The Seller reserves the right to carry out and cancel promotional actions on the Store's websites, or to introduce changes to them. This entitlement does not affect orders placed before the date on which the terms and conditions of the promotional actions came into effect.
2. The promotional action consists of the fact that during the promotional period, offers for the sale of goods at promotional prices (Promotional Prices) will appear in the Store.
3. During the promotional action, the dates of the Promotional Price for the promotional goods will be indicated in the description of the goods in the Store.
4. The seller sets aside a limited number of goods for promotional sales. Orders will be fulfilled according to the order of receipt of confirmed orders for these goods until the stocks covered by this form of sale are exhausted.
5. The purchaser may purchase a maximum of 1 (one) item of goods covered by the promotional campaign.
6. Promotional campaigns are aimed at customers who are Consumers.
7. In the event of the return of goods purchased during a promotional action purchased at a promotional price, the returned amount due for these goods will take into account the promotional price paid by the Buyer.

§ 9 RIGHT OF WITHDRAWAL

1. The Consumer and Entrepreneur making a reliable order have the right to withdraw from a contract concluded with the Seller via the Shop, subject to § 9 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the date:
   1. on which the Consumer/Professional Orderer has taken possession of the goods or on which a third party other than the carrier and indicated by the Consumer/Professional Orderer has taken possession of the goods;
   2. on which the Consumer/Professional Orderer has acquired possession of the last item or on which a third party, other than the carrier and indicated by the Consumer/Professional Orderer, has acquired possession of the last item in the case of a contract involving the transfer of ownership of multiple items which are delivered separately.
3. In order for a Consumer/Entrepreneur making a reliable order to be able to exercise his/her right of withdrawal, he/she must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (for example a letter sent by post or information transmitted by e-mail).
4. A consumer/entrepreneur making a reliable order may use the model withdrawal form at the end of the Terms and Conditions or use the electronic withdrawal form available in the Shop, but this is not obligatory.
5. In order to comply with the withdrawal period, it is sufficient for the consumer/entrepreneur making a non-professional order to send information concerning the exercise of his/her right of withdrawal before the withdrawal period has expired.
6. In the event of withdrawal from the concluded contract, the Seller shall reimburse to the Consumer/Professional Orderer all payments received from him/her, including the costs of delivery of the goods (with the exception of the additional costs resulting from the method of delivery chosen by the Consumer/Professional Orderer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the Consumer/Professional Orderer to exercise his/her right of withdrawal.
7. The Seller shall refund the payment using the same means of payment as were used by the Consumer/Professional Orderer in the original transaction, unless the Consumer/Professional Orderer agrees otherwise, in which case the Consumer/Professional Orderer shall not incur any fees in connection with the refund.
8. The seller may withhold reimbursement until it has received the goods or until it has been provided with proof of their return, whichever event occurs first.
9. The Seller asks to return the goods to the address: ul. 1 Maja 23, 42-217 Częstochowa immediately and in any case no later than 14 days from the day on which the Consumer/Entrepreneur making a non-professional order informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer / Entrepreneur making a non-professional order sends back the goods before the expiry of the 14-day period.
10. The consumer/entrepreneur making a non-professional order shall bear the direct costs of returning the goods.
11. The consumer/entrepreneur making a non-professional order shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be sent back in the usual way by post, the Consumer/Entrepreneur making a non-professional order will also have to bear the direct costs of returning the goods.
13. The right of withdrawal from a contract concluded at a distance does not apply to an entity other than the Consumer and the Entrepreneur making a reliable order.

§ 10 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer/Entrepreneur making a reliable order in respect of the contract:
   1. where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs.
   2. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery.
   3. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.
   4. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery.

§ 11 COMPLAINTS

1. The basis and scope of the Seller's liability towards Buyers who are Consumers and Customers who are Entrepreneurs making a non-professional order for the goods sold are laid down by law:
   1. for goods purchased until 31.12.2022, the principles of the Seller's liability in the event of a physical or legal defect in the goods are defined by the provisions of the Civil Code Act as in force until 31.12.2022;
   2. In the case of goods purchased after 01.01.2023, the rules of the Seller's liability in the event of non-conformity of the goods with the sales contract are defined by the provisions of the Consumer Rights Act;
2. The basis and scope of the Seller's liability towards other Customers if the sold goods have a physical or legal defect are defined in the provisions of the Civil Code.
3. Goods presented in the Shop may be covered by a manufacturer's or distributor's guarantee. The detailed warranty terms and conditions and its duration are then stated in the warranty statement (e.g. in the warranty card issued by the guarantor and enclosed with the goods).
4. The seller is obliged to deliver the goods to the customer in accordance with the concluded sales contract, without defects.
5. A complaint can be submitted by the Customer by e-mail to: [email protected] or in writing to the address: ul. 1 Maja 23, 42-217 Częstochowa with the annotation RMA. If the complaint relates to the goods it is necessary to deliver them (at the Seller's expense) together with the demand in order to enable the Seller to examine the goods and respond to the demands.
6. It is recommended that the Customer specify in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect/non-compliance of the goods with the contract; (2) the demand for the manner of bringing the goods into conformity with the sales contract (repair or replacement) or a declaration of price reduction or withdrawal from the sales contract; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint, (4) information on whether the Customer has the status of an Entrepreneur making a reliable order. The above requirements are recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
7. The seller shall respond to the complaint about the goods immediately, but no later than within 14 days of receipt.

§ 11A CLAIMING GOODS ON THE BASIS OF NON-CONFORMITY WITH THE CONTRACT

The provisions of this paragraph apply to claims for goods purchased from 1 January 2023 onwards.

1. If the sold goods are not in conformity with the concluded contract, the Seller shall be liable to the Buyer who is a Consumer or an Entrepreneur making a reliable order and shall recognise complaints on this account on the basis of the provisions of the Consumer Rights Act concerning non-conformity of goods with the contract.
2. The seller asks that complaints on the basis of non-conformity with the contract be made by email to: [email protected] or in writing to the address: ul. 1 Maja 23, 42-217 Częstochowa with the annotation RMA.
3. In the event of non-conformity of the goods with the contract, the Buyer, referred to in paragraph 1 above, may demand that the goods be repaired or replaced
4. The Seller may make a replacement when the Purchaser demands a repair or the Seller may make a repair when the Purchaser demands a replacement if bringing the goods into conformity with the agreement in the way chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the goods into conformity with the contract.
5. When assessing whether the costs to the Seller are excessive, all the circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the conforming goods and the excessive inconvenience to the Buyer caused by the change in the manner of bringing the goods into conformity with the contract.
6. The Seller shall carry out the repair or replacement within a reasonable time from the moment it was informed by the Buyer of the lack of conformity with the contract and without undue inconvenience for the Buyer, taking into account the specific nature of the goods and the purpose for which they were purchased. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
7. The Buyer shall make the goods to be repaired or replaced available to the Seller. The Seller shall ensure that the goods are collected from the Buyer at his own expense.
8. If the goods are found not to be in conformity with the contract, the Buyer may demand a price reduction or a price refund due to withdrawal from the contract if:
   1. The seller has refused to bring the goods into conformity with the contract in accordance with paragraph 2 above;
   2. The seller has failed to bring the goods into conformity with the contract in accordance with paragraph 4 above;
   3. the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
   4. the lack of conformity of the goods with the contract is such as to justify either a reduction in price or reimbursement of the price on the grounds of withdrawal without first having recourse to the remedies set out in paragraph 2 above;
   5. it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the Buyer.
9. The reduced price shall be in such proportion as the value of the goods conforming to the contract of sale bears to the value of the goods not conforming to the contract of sale. The Seller shall reimburse the Buyer the amount due as part of the price reduction immediately, but no later than within 14 days of receipt of the Buyer's statement on the price reduction.
10. The buyer referred to in paragraph 1 may not rescind the contract of sale and claim reimbursement of the price of the goods if the non-conformity of the goods with the contract of sale is immaterial. The lack of conformity of the goods with the contract shall be presumed to be material.
11. In the event of withdrawal from the sales contract, the Buyer shall immediately return the goods to the Seller at the Seller's expense. The Seller shall return the price of the goods to the Buyer immediately, no later than within 14 days of receipt of the goods or proof of return of the goods.
12. If the non-conformity of the goods concerns only some of the goods delivered under the contract, the Buyer may withdraw from the contract only with respect to these goods. As an exception, the Buyer may withdraw from the contract for all goods if the Buyer cannot reasonably be expected to agree to keep only the goods in conformity with the contract.
13. The Seller shall refund the price by the same means of payment used by the Buyer, unless the Buyer expressly agrees to a different method of refund that does not incur any costs for the Buyer.
14. The seller shall be liable for any non-conformity of the goods with the contract that existed at the time of delivery and was discovered within two years of the delivery of the goods, unless the expiry date is longer.
15. The Seller shall not be liable for the non-conformity of the goods with the contract if the Purchaser, as referred to in paragraph 1, at the latest at the time of the conclusion of the contract, has been expressly informed that the purchased goods are incomplete (e.g. a damaged product, etc.) and has accepted the lack of a specific characteristic of the goods.

§ 12 PERSONAL DATA

1. 1. The administrator of the personal data provided by the Buyer when using the Shop is the Seller. Detailed information concerning the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Shop - due to the transparency principle contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
   2. The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is to process orders. The basis for the processing of personal data in this case is:
      1. - sales contract or actions taken at the request of the Buyer to conclude it (Article 6(1)(b) RODO),
      2. - the Seller's legal accounting obligations (Article 6(1)(c)), and
      3. - the legitimate interest of the Vendor to process the data in order to establish, assert or defend possible claims (Art. 6(1)(f) RODO).
   3. The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Shop.
   4. Buyer data provided in connection with purchases from the Shop will be processed until:
      1. the Seller shall no longer be under a legal obligation to process the Buyer's data;
      2. the possibility of asserting claims by the Buyer or the Seller related to the sales contract concluded by the Shop ceases;
      3. the Buyer's objection to the processing of his personal data is accepted - in case the basis of data processing was the legitimate interest of the Seller

- depending on what is applicable in each case and what will happen at the latest.

1. 1. The buyer is entitled to demand:
      1. access to their personal data,
      2. their rectification,
      3. deletions,
      4. limitation of processing,
      5. request the transfer of data to another controller

as well as the law:

1. 6. to object at any time to the processing of data on grounds relating to the Buyer's particular situation - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the controller).
2. In order to exercise their rights, the Buyer should contact the Seller using the details in § 2 of the Terms and Conditions.
3. In the event that the Buyer considers that his data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Authority.

§ 13 RESERVATIONS

1. The provision of unlawful content by the Buyer is prohibited.
2. Each time an Order is placed with the Store, it constitutes a separate contract of sale and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the Order.
3. Contracts concluded on the basis of these regulations shall be concluded in the Polish language.
4. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court shall have jurisdiction over the Seller's registered office.
5. Nothing in these terms and conditions excludes or in any way limits the rights of the Consumer under the law.

Annex 1 to the Rules of Procedure Below is a model withdrawal form, which the Consumer may or may not use:

MODEL WITHDRAWAL FORM (this form must be completed and returned only if you wish to withdraw from the contract)

Batna spółka z ograniczoną odpowiedzialnością ul. Boznańskiej Olgi 3E, 42-202 Częstochowa, e-mail address: [email protected]
 

 I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*):
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…………………………………………………………………………
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Date of receipt:
…………………………………………………………………………

Name of Consumer(s):
…………………………………………………………………………
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The address of the Consumer(s):
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Signature of consumer(s) (only if the form is sent on paper)
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Date: ....................................................................................

(*) Delete as appropriate