The provision of services by electronic means of communication – the Terms and Conditions of warter.shop
These regulations for the provision of electronic services have been prepared on the basis of Article 8 of the Polish Law of 18 July 2002 on The provision of electronic services (OJ 2019.123 i.e. of January 21, 2019) and constitutes an integral part of the contract of goods sale offered by the Store. The Regulations are available free of charge. The above provides the clients to get acquainted with the regulations prior to concluding an Agreement. The regulations are also available in the PDF file form (click and download), which allows it to be obtained (downloaded), duplicated, saved and printed.
The WARTER.SHOP online store, operating at www.warter.shop, is run by Warter Fuels Spółka Akcyjna (Warter Fuels Joint Stock Company) with registered office in Warsaw located at the address: ul. Koralowa 60, 02-967 Warsaw, entered in The Register of Entrepreneurs of the National Court Register maintained by the Regional Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register under KRS [National Court Register] number 0000287699, with share capital 11,080,000.00 PLN paid up and covered, VAT: 774-000-14-31, REGON: 141138730 which within the Store sells goods or provides services.
- via e-mail: firstname.lastname@example.org
- via post: Warter Fuels SA, ul. Chemików 5, 09-411 Płock, the note “Online Store”
The store shall endeavour to make the utmost effort so that the terms and conditions of sale through the website www.warter.shop shape the rights and obligations of the consumer in conformity with consistent with good manners and respect for the rights and taking into account his/her interests.
Store – a collection of websites and IT tools (website) managed by Warter Fuels S.A., allowing customers to conclude Sales Agreements or Service Agreements, available in the internet domain: www.warter.shop
Working days – all days of the week from Monday to Friday, excluding public holidays;
Order processing time – the time during which the Store will prepare the order and submit it to the carrier who will perform the delivery method previously chosen by the Customer;
Customer – a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity – who makes purchases in the Store and has a Customer Account;
Consumer – a customer who is a natural person within the meaning of Article 22 (1) the Act of 23 April 1964 – Civil Code (Journal of Laws No 2019.1145 , dated 19 June 2019 – a natural person is a person who is making a legal transaction with an entrepreneur which is not directly related to his business or professional activity;
Consultant – a person operating the Customer in the Customer Service Office, communicating with the Customer by phone or via email/post;
Customer Account (My Account) – a database containing Customer data that are used, among others, for the orders fulfilment, orders’ history, customer preferences regarding selected Store functionalities, payment details;
Electronic transfer – payment made by the customer from an online bank account via online payment systems. Payment made before the order is processed (prepayment);
Credit card payment – payment made by the customer using a credit card via online payment systems. Payment made before the order is processed (prepayment);
PDF – a recording format that can be read after downloading to any electronic device equipped with a PDF reader;
The Act on the provision of electronic services – the Act on the provision of electronic services from July 18, 2002 (Journal of Laws of 2013, item 1422, as amended) constitute the Rules for the Provision of Services by Electronic Means.
Regulations governing the provision of services by electronic means of communication ( The Store regulations).
- GENERAL TERMS AND CONDITIONS
- The Store sells products and services via the Internet. The Store publishes information about products and services at www.warter.shop. The offer is subject to current updating.
- Orders from customers are accepted via the website www.warter.shop 7 days a week and 24 hours a day.
- In order to make a purchase in the Store, you must have an active e-mail account.
- It is prohibited for the Customer to provide content that is unlawful or offensive. In the case of receiving a governmental notice or obtaining reliable information on the unlawful nature of stored data provided by the Customer, the Store may prevent access to this data.
- The registration of the Customer Account as well as the use of the website www.warter.shop is free.
- In order to delete a Customer Account, the Store should be informed by the Customer in writing form or via e-mail about the will of deleting it.
- The information about products contained on the website are for guidance only and does not form part of any contract within the meaning of art. 71 of the Civil Code.
- Entering into an agreement of sale with the Store and accepting the provisions in the general terms and conditions (The Regulation), the Customer agrees to the invoices being issued and made available by the Store in electronic form, in accordance with Article 106n (1) of the Law on Goods and Services Tax of 11 March 2004 (Journal of Laws 2018.2174, i.e. from 2018.11.21).
- Customers have the option to:
- use the Store, including concluding agreements, without the need for registration or
- the registration in the Store using the customer’s access data (login and password).
- Conclusion of contracts of sale of goods or services without prior registration in the Store is possible, subject to the remaining provisions of the Regulations, provided that all of the following conditions have been met:
- properly completing the electronic online form available on the Store’s website by providing the required data,
- the Regulations acceptance
- In the case of legal persons and organizational units without legal personality, registered on the Store, as well as all other activities of this entity in the Store, may only be performed by a person who is authorized to perform on behalf of this entity all activities related to the use of the Store (in registration) and to exercise all rights and obligations of this entity as a Customer.
- The Store may request to confirm the authenticity of the data presented by the Client, in particular: updating the Customer’s data, by sending the required documents to the Store.
- In the case of any change in the Customer’s data provided during registration, the Customer should update it before concluding another contract by using the appropriate form available in the Store.
- Upon registration in the Store, a Customer account is created. The Customer Account is a set of resources in which information about the Customer and his activities within the Store are collected in accordance with concluded contracts. As part of the account, the customer has, among others access to the orders’ history in the Store.
- The Customer via on-line Store has the opportunity to get acquainted with: the goods presentation, services and shipping costs as well as with their description, features, technical parameters, price, shipping cost and any additional costs. The Store undertakes to present on clear and reliable information enabling the Customer to become familiar with its offer.
- The Customer, by sending an order, makes an offer to conclude a sale contract of ordered products or services with the Store. Until the Store sends the order acceptance confirmation, each payment made by the Customer is a prepayment for the order. Confirmation of order acceptance will be sent to the e-mail address provided by the Customer. It will be constituted a statement of acceptance of the offer referred to above and will be sent immediately after the Store verifies the availability of products. Henceforth, the sales contract between the Store and the Customer is considered concluded.
- If it is not possible to process all or part of the order, the Store shall notify the Customer of this fact at the latest within 4 business days from the date of the Customer’s order. The notification will be sent to the e-mail address provided by the Customer in the order form.
- 4. If it is not possible to carry out part of the order in the aforesaid paragraph 3, the Customer shall be informed about the status of the order and decide on the method of its implementation. The store is waiting for the customer’s decision 24 hours from the moment of sending an e-mail requesting a decision. In the absence of the Customer’s decision, the Store will cancel the order of the unavailable item and send the product or products that are reserved for him.
- If it is not possible to complete the entire order, the Store will cancel the order, the Customer will receive information in accordance with the aforesaid paragraph 4.
- If the order has been previously paid by the customer and it has been cancelled in whole or in part, the Store will refund the amount of the cancelled products or in case of cancellation of the entire order, in the amount of the entire order.
- If the payment for the order has not been made within 7 days from the date of receipt of its confirmation ( referred to in paragraph 2 above) the Store will cancel the order. The Customer will be informed about the order cancellation by the e-mail provided by him/her.
- If the customer makes a payment for a part of the order, the money paid will be refunded to his/her bank account or credit card.
- The Store will issue an invoice when the goods leave the Seller’s warehouse. The Store issues invoices in electronic form in a way that guarantees the authenticity of their origin and the integrity of their content. Each invoice in electronic form will be made available to the Customer via e-mail to the address provided by the Customer when placing the order or creating a Customer Account.
- The consent to receive electronic invoices is tantamount to the resignation from receiving paper invoices. However, the Customer’s acceptance to issue and send invoices in electronic form does not exclude the Store’s right to issue and send invoices in a paper version. If the Customer objects and expresses it in a writing form or via e-mail, the Store will provide the Customer with a paper invoice, which will be sent to the postal address to which the invoice is to be issued.
- For sale and promotion, the Store has a limited number of dedicated products. Orders are processed in the order in which they are received till depletion of resources, covered by this form of sale.
- CHANGES TO ORDERS
- The Customer may make changes to the order/orders or cancel it/them until the order is ready for shipment. The current order status is available after logging into the Customer Account (My Account) in the “order history” tab.
- Modifications regarding: Customer address, delivery address and containing refund orders will only be accepted via “the contact form” after logging into the Customer Account (My Account).
- PRODUCTS PRICES
- All products prices listed on the website www.warter.shop:
- are given in Polish zlotys or euros,
- are gross prices and include value-added tax (VAT) in the amount resulting from separate provisions,
- they do not include costs related to any customs duties,
- they do not include delivery costs.
- The customer purchases the goods and orders the service according to the prices and delivery costs applicable at the time the order is placed. The amount of delivery costs depends on the delivery method chosen by the customer.
- The Store reserves the right to carry out promotional campaigns, sales and changes in accordance with the regulations in force in this regard, as well as to change the price of products. The above permission does not affect the prices of products in orders placed before the date of entry into force of the price change, conditions of promotional campaigns or sales.
- Promotions in the Store cannot be combined unless the regulations of the promotion provide otherwise.
- THE LEAD TIME
- The order fulfilment takes 72 hours between the placing of the order and the sending of the product if the order is placed on a business day. If the order realisation time increase, the Customer is immediately informed by the Store.
- The order lead time shall be understood as elapses from accepting the order for realisation until the order is forwarded to the carrier performing the delivery (only Business Days included). The order including products with different delivery times is sent after completing all available ordered products. The deadline for completing the package is determined on the basis of the product with the longest delivery time.
- The current order status is available after logging into the Customer Account (My Account) in the “order history” tab.
- The verification of the consignment in order to assess the nature of eventual breach or destruction of the packaging shall be made in the presence of a courier or postal worker. In case of any damages, a damage report shall be prepared – which will help the Store consider complaints.
VII. FORMS OF PAYMENT, DELIVERY AND ORDERS LAUNCH
- The Customer is obliged to pay the price for the goods/service ordered in the Store, including delivery costs, no later than within 7 days of making the purchase.
- Payments for goods or services purchased in the Store (price and delivery costs) are made using payment tools available in the Store and on the terms specified by the store.
- The customer may choose the payment method for ordered products delivery onto Polish territory in the form of advance payment (prepayment) in one of the payment systems accepted by the store – the implementation of the order begins after the store receives payment confirmation from the payment operator, in the case of a bank transfer – after the payment has been credited to the Store’s bank account.
- The delivery of goods takes place in a way chosen by the Customer and specified in the order to the address indicated by the Customer.
- The place of performance the service related to the purchase of goods is the delivery address indicated by the Customer, subject to the goods collected personally by the Customers, where the place of performance is the personal pickup point chosen by the Customer.
- For selected products only selected forms of payment or delivery may be available.
VIII GUARANTEE and WARRANTY
- The store ensures the delivery of products free from physical and legal defects. The Store is liable to the Consumer if the product has a physical or legal defect (the warranty).
- If the product has a defect, the Consumer may:
– make a statement about the price reduction or withdrawal from the sales contract, unless the Store immediately replaces the defective product with a product free from defects or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the Store or if the Store did not satisfy the obligation to replace the product with a product free from defects or to remove defects.
– demand replacement of the defective product with a product free from defects or removal of the defect. The store is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the Consumer.
- The complaint should contain at least:
– name, surname, address, the e-mail address of the Consumer,
– date of conclusion of the contract which constitutes the justification for the complaint.
– the subject of the complaint and indication of the Consumer’s request
– the circumstances warranting the complaint,
4.If the Consumer withdraws from the contract because of a product defect, the parties should return the received services according to the rules regarding the withdrawal from the contract.
- If the Consumer requests a price reduction due to a product defect, the reduction occurs in such a ratio in which the value of the product free from defects remains to its value calculated taking into account existing defects.
- A consumer who exercises the rights under statutory warranty is obliged to deliver a defective item to the Store’s address. The cost of delivery is covered by the Store.
- The Consumer should report within one month from the date of detection his/her complaints under the statutory warranty for physical defects of goods.
- All complaints related to products or performance of the sales contract must be sent by the Consumer in writing to the Store’s address (by e-mail or post). Complaints may also be submitted using the form placed on the Store’s Website. (Download complaint form).
- The complaint shall be examined within 14 business days at the latest, counting from the date of receipt of the complaint.
- The Customer may file a complaint about the usage of free services provided electronically by the Store. The complaint may be submitted in electronic form and sent to the following e-mail address: email@example.com The complaint shall include a description of the problem. The Store shall promptly, but no later than within 14 days, consider complaints and provide the Customer with answers.
- For sales of products in trade between entrepreneurs pursuant to article 558 § 1 of the Civil Code the parties exclude the Store’s liability under the warranty for physical and legal defects of things – in particular, they determine that the Store does not bear any responsibility, also for hidden defects of the sale item.
- Products may have the benefit of a manufacturer’s or distributor’s warranty. Detailed warranty conditions and its duration are given in the warranty card issued by the guarantor. If the warranty card states so, the Customer may submit his or her claims, as part of the warranty, directly to the authorised service point whose address is in the warranty document.
- The Consumer may exercise, at its discretion, to take advantage of the warranty rights directly from the guarantor (manufacturer or distributor) on the indicated services in accordance with the conditions contained in the warranty card or the rights vested in him under the warranty.
- The Store is released from liability under the warranty for a defect if the Consumer knew about the defect of the product at the time of conclusion of the sales contract with the Store. The description of the product defect will always be indicated on the Product Page.
- THE RIGHT TO WITHDRAW FROM THE CONTRACT
- Pursuant to Polish Act on consumer rights of 30 May 2014, the Customer who is a Consumer may withdraw from the contract without giving a reason within 14 (fourteen) days from the date of receipt of the parcel.
- The Consumer may withdraw from the contract by submitting a statement of withdrawal from the contract. The statement may be submitted by e-mail to the address: firstname.lastname@example.org
- The Consumer is obliged to return the product to the Store immediately, no later than within 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the product before its expiry.
- Products shall be returned unchanged unless a change was necessary for the ordinary course of business. It means that the Consumer shall handle the product having regard to the fact that the need for its possible subsequent return. The Consumer is liable for the diminished value of the item as a result of using it beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Consumer’s right to withdraw from the contract is not entitled in the case of:
- the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the packaging was opened after delivery;
- the subject of the service is things that after delivery, due to their nature, are inseparably connected with other things.
- The Store shall refund the returned product within 14 (fourteen) days from the date of receipt from the Consumer a statement of withdrawal from the contract, in accordance with the rules described in point VIII of the Regulations. On the terms set out in the Polish Act on Consumer Rights, the Store may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
- When there are circumstances that obliging the Store to return the amounts paid by the Customer to the Store, this refund shall take place within the following dates:
– in the case of a complaint submitted by a Consumer – within 14 days from the date, the complaint was accepted by the Store.
- in the case of withdrawal of the Consumer from the contract – within the period specified in Chapter VII point 7 of the Regulations;
- if the order is canceled – within 14 days from the date of its cancellation.
- Payments will be refunded using the same payment method that the Customer used to pay for the order.
- In the case of withdrawal from the contract by the Consumer in accordance with the provisions of point VII of the Regulations, when the Consumer has chosen the method of delivery of the item by the Store other than the cheapest method of delivery offered by the Store, the Store returns the cost of delivery in the amount of the cheapest method of delivery offered by the Store.
- The Store is not responsible for refund failer or delay if this was due to the fact that the Customer provided incorrect personal data (name, surname, address) or incorrect account number.
- The corrective invoice shall be issued at the time of the refund to the customer’s account. The corrective invoice will be sent to the Customer by the e-mail address provided when placing the order or placed on the Customer Account, in the details of the order to which the corrective invoice relates.
- PERSONAL DATE
- Personal Data Administrator provided by the Customer when using the Store is Warter Fuels S.A.
- The Buyer’s personal data are processed on the basis of the contract and for its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR) and in accordance with the Polish Law Act of 10 May 2018 on the protection of personal data (ie of 19/09/2019, Journal of Laws 2019.1781) in a manner preventing access by third parties.
- When placing an order in the Store, the Customer agrees to have his personal data processed by the Warter Fuels S.A. database. and for their processing for the purpose of implementing the sales contract. Providing personal data by the Customer is voluntary. However, the absence of consent by The Customer to the processing prevents the Store from completing the order. The Customer is responsible for the completeness and accuracy of the data given during the ordering process.
- If the Customer gives additional consent, his personal data will be processed by the Store in order to send the newsletter containing commercial information about new goods, promotions and services available in the Store.
- The newsletter will be sent to:
- email address
- phone number as a text message
provided by the Customer during the registration process or in the form enabling subscription to the Newsletter.
- The Customer may at any time unsubscribe from receiving the Newsletter by unchecking the appropriate box in the ‘Your account’ tab (Newsletter link) or via the Customer Service Center.
- THE FINAL PROVISIONS
- The sales contract is concluded between the Customer and Warter Fuels S.A. based in Warsaw.
- The Store will not bear responsibility for blocking by server administrators the access to messages sending from the Store to the Customer to e-mail address given by the Client as well as for the removal and blocking e-mail messages by software installed on the computer used by the Customer.
- The Store shall not be liable for errors in handling the order or other instructions of the Customer, which occured as a result of the providing by the Customer incorrect data.
- Session cookies – they work only when browsing www.warter.shop, thus enabling their proper functioning.
- Persistent cookies – they remain on your computer after visiting www.warter.shop
- Third-party cookies – they allow you to customize the displayed page to your preferences.
- ensuring the stable and secure functioning of the online bookstore,
- creating statistics of viewing pages of the website www.warter.shop
- Potential disputes between the Customer and the Store will be submitted to the court having jurisdiction in accordance with the Act of 17 November 1964, The Code of Civil Proceedings
- The Consumer has the option of using out-of-court alternative dispute resolution (so-called ADR), i.e. he/she may request mediation or dispute resolution to Permanent Consumer Arbitration Court of the President of UKE. The Consumer may submit an application to the appropriate Provincial Inspectorate of Trade Inspection. Detailed information, contact details and a list of consumer courts of arbitration can be found on the website of the Office of Competition and Consumer Protection. The customer may submit his complaint, e.g. via the EU ODR (online dispute resolution) online platform, available at: http://ec.europa.eu/consumers/odr/
- In matters not covered by the Regulations, legal provisions in force shall apply, in particular the Polish Civil Code, the Act on consumer rights and the Act on the provision of electronic services.
- The Regulations apply from 1 December 2019.
- The Store reserves the right to amend the Regulations. All changes to the Regulations come into force on the date indicated by the Store, not less than 14 days from the date they are available on the website www.warter.shop Orders placed before the date of entry into force of the amendments to the Regulations are implemented on the basis of the provisions in force on the date of order.