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CONTROLLER – means Womet-Tech Janusz Woś, ul. Galicyjska 108, 32-447 Siepraw, NIP: 681-133-59-44, REGON: 356696371, business activity written in the Central Registration and Information on Businesses (CEiDG) supervised by the Minister for Development, Labour and Technology, the authority entering the Seller to CEiDG: Municipality Office of Siepraw
Rules - the present document The present Rules are the rules referred to in Article 8 of the Act on Providing Services by Electronic Means of 18 July 2002 (i.e. Consolidated text Journal of Laws Dz.U. of 2019, item 123, as amended).
Website - a set of interconnected web pages available at www womet-tech.pl through which services are provided.
Registered User - a natural person with partial (over 13 years of age) or full legal capacity, who has accepted the Rules.
Unregistered User - a natural person with partial (over 13 years of age) or full legal capacity, who has accepted the Rules when placing an order.
Identifier - an individual and unique name of the User on the Website, which has been adopted by him/her at the stage of creating an Account on the Website.
User Account - an account specified by a unique identifier (Identifier) and a password used to make use of the Website, and a mechanism with a memory area, being a shared place in the resources of the CONTROLLER’S IT system.
User Account Database - a set of personal data provided by Users during the registration process on the Website pages, which are collected and processed in an orderly manner in the IT system by the CONTROLLER as the Personal Data Controller for the purpose of providing services of the Website.
Contract - an agreement made between the User and the CONTROLLER on terms and conditions of the Rules, the subject matter of which is the acquisition of the right to use the Website by the User on terms and conditions specified herein.
Service - a package of services which are electronic services within the meaning of the Act on Providing Services by Electronic Means of 18 July 2002 (i.e. Consolidated text Journal of Laws Dz.U. of 2019, item 123, as amended), including hosting, i.e. The provision of memory resources in the CONTROLLER’S IC infrastructure connected to global resources on the Internet, together with the User Account mechanism.
Consumer - a natural person performing an act in law with a trader which is not directly related to its business or professional activity as defined in Article 22(1) of the Act of 24 April 1964 - the Civil Code (i.e. Consolidated text Journal of laws Dz.U. of 2019, item 1145, as amended).
Consumer-Trader - a person conducting a sole person business activity concluding a sales contract directly related to his/her business or professional activity, but not having a professional character for that person;
Code of Good Practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 Point 5 of the Act on Combating Unfair Commercial Practices of 23 August 2007 (i.e. Consolidated text Journal of laws Dz.U. Of 2017, item 2070, as amended).
The object of operations of the Website is the provision of electronic services, including the sale of goods through the Website.
1. The service is provided by Womet-Tech Janusz Woś, ul. Galicyjska 108, 32-447 Siepraw NIP: 581-133-59-44, Regon: 356696371, the activity written in the Central Registration and Information on Businesses (CEiDG) supervised by the Minister for Development, Labour and Technology.
2. Contact with the Controller: phone: 12 3504105, connection fee according to the tariff of the operator used by the user, e-mail: firstname.lastname@example.org, zamówienia@womet-tech.pl, contact form available at an on-line shop in the CONTACT tab.
3. The service consists in providing free access to the user panel which makes it possible to manage the information concerning the purchased goods.
4. The contract is concluded for an indefinite period of time starting from the date of registration, complaints regarding the manner and the scope of service provision may be submitted in writing or by e-mail on the conditions described herein.
5. The Service Provider does not guarantee the availability of the Website.
6. The functionality of the Website may be used by means of a terminal device of the following minimum hardware requirements:
desktop, laptop, smartphone or tablet -type terminal device equipped with:
a mouse or other manipulator + keyboard
a network interface card/modem: allowing access to the Internet at 512kb/s
Minimum software requirements:
(a) Operating system: MS Windows 95 and above, Linux with X.ORG, macOS 9 or above, latest mobile systems;
(b) Android, iOS, SymbianOS, Windows Mobile
(c) Internet browser: Internet Explorer 7 or above, Opera 9 and above, FireFox 2 and above, Chrome 1.0 and above, Safari 5,
(e) recommended Flash Player plug-in version 10.0 or higher.
8. Upon registration and acceptance of the Rules, a person obtains the status of a Registered User.
9. Whenever the Rules refer to Users, both the Registered Users and Unregistered Users are meant.
10. The object of operations of the Website is the sale via the Internet of goods (spare parts and other goods offered for retail sale) constituting the offer of the Website.
11. The Website may be used only under the terms and conditions specified herein.
12. The CONTROLLER reserves the right to publish rankings of sales and popularity of Goods.
13. The number of offered goods subject to promotion or sale is limited. Orders for such goods will be fulfilled in the order in which they were placed by Users, until the stocks are exhausted.
14. Information provided on the Website (in particular concerning prices of goods) does not constitute a commercial offer as defined in Article 66 of the Civil Code, it only constitutes an invitation to submit offers as defined in Article 71 of the Civil Code.
15. All prices shown on the Website are expressed in Polish zloty (PLN) and are gross prices (including VAT).
16. Users are forbidden to use the Website or a page for sending unsolicited commercial information, the so-called spam, as understood by the Act on Providing Services by Electronic Means and to use the pages of the Website in a manner contrary to law, principles of morality, violating personal interests of third parties or legitimate interests of the CONTROLLER.
17. The Seller informs that it follows the Code of Good Practices.
The Contract is be concluded upon registration on the Website and acceptance of the Rules, pursuant to the provisions of Chapter II, paragraphs 8 and 9 hereof.
1. The Contract for the provision of services by the Website concluded between a Registered User and the Website can be terminated by the User at any time with immediate effect.
2. Submission by the User of a declaration of intent in order to terminate the contract takes place by removing the Account.
3. Notwithstanding the above right, a Registered User who is a Consumer or Consumer-Trader is entitled, in accordance with the provisions of the Act on Consumer Rights of 30 May 2014 (consolidated text Journal of Laws Dz.U. of 2014, item 134, as amended) the right to withdraw from the contract for the provision of services of the Website, without giving any reason, within 14 days from the date of its conclusion, unless the User has accepted the provision of the service during the period of the right of withdrawal, which is equivalent to the loss of the right to withdraw from such contract.
4. The User exercises the right to withdraw from the contract by submitting an appropriate statement in an electronic form - an email sent to the above-mentioned email address - or in writing. a model withdrawal form is available here. It is not mandatory, however, to use the form.
5. The Registered User has the right to terminate the contract, inter alia, in the cases specified in the Rules.
6. The User has the right to terminate the contract with immediate effect by sending an appropriate declaration of will to the e-mail address of the Website:
7. in the event of assigning rights and obligations of the CONTROLLER (Chapter XI, paragraph 2 hereof),
8. in the event of submitting a declaration of will to exercise this right within 14 (fourteen) days from the date of presentation of the new content of the Rules or changes in the Rules, if the User does not accept the provisions of the new Rules or its amendments,
9. at any time, without giving any reason.
10. The CONTROLLER reserves the right to terminate the contract with one month's notice at any time in the case the Website is not made available any longer, or after its modifications after the publication of relevant information on the Website.
11. In the event the CONTROLLER finds out that the dates have expired, and in the event of circumstances that, according to the CONTROLLER, justify termination (paragraph 8), the CONTROLLER will send a notice of termination of the contract by the CONTROLLER to the e-mail address provided by the User during registration. The contract will be terminated after the expiry of a one-month notice period. In such a case, the User Account will be removed immediately upon termination of the contract.
12. The CONTROLLER has the right to terminate the contract with immediate effect by blocking and deleting the User Account for the reasons set out in chapter IX (Blocking the User Account) hereof.
The condition of using all functionalities of the Website is the registration of the User and acceptance of the Rules on the terms and conditions specified below.
1. Registration on the Website is not necessary to place an order for goods.
2. As part of registration the User provides, among others, his/her e-mail address, Identifier and password. Registration of the Account is free of charge and voluntary. The login and password are confidential.
3. The User acknowledges that in order to activate the Service and have it provided during the term of the contract, it is necessary for the User to provide personal data. The controller of the personal data is the CONTROLLER, who will process the personal data only in the scope of providing the Service and performing the contracts for the sale of goods according to the User's order, unless the User expresses the consent referred to in paragraph 11 hereinbelow.
4. The CONTROLLER processes the User's personal data within the scope indicated below:
a) conclusion of the contract with the User,
b) forming the content of the contract,
c) amending or terminating the contract and proper provision of the Service,
d) performing the contract of sale of goods, delivery, settlement and handling of the complaint process,
e) running the Website.
6. The User has the right to inspect the processed personal data at any time, as well as the right to correct them and demand their removal from the User Account Database.
7. The User is asked to update personal data given in the registration form immediately after each change of such personal data.
8. When registering, the User is asked to provide the following personal data:
a) when registering as a Registered User:
tax identification number (NIP) and the company's name if the ordered goods are purchased by a self-employed person, a civil partnership or a legal person as defined by Polish law.
b) when placing an order for goods by an unregistered User, the User is requested to provide:
zip code of delivery place,
city of delivery,
country of delivery,
tax identification number (NIP) and the company's name if the ordered goods are purchased by a self-employed person, a civil partnership or a legal person as defined by Polish law.
9. By accepting the Rules, the User declares that:
a) the data given in the registration form are complete and in accordance with the facts,
b) has read the Rules and undertakes to follow them.
10. The User of the Website bears full responsibility for the equipment, system and software and related charges necessary to be connected to the Internet and use the Website.
11. The User, during the registration procedure, may agree to receive commercial information from the CONTROLLER to the e-mail address provided during registration, in accordance with the Act on Providing Services by Electronic Means of 18 July 2002 (i.e. Consolidated text Journal of Laws Dz.U. of 2019, item 123, as amended). The provision of personal data by the User is not mandatory, however it is necessary for the performance of the sales contract concluded by placing an order for goods on the Website.
In such a case, the CONTROLLER will process the User's personal data in connection with the provision of the Service and also according to the instruction of the consent expressed by the User.
The sale of goods through the Website takes place in accordance with the Rules.
1. The prices of presented goods are expressed in Polish zloty and include VAT. The prices do not include shipping costs, information about these costs is available in the "shipping method" tab. The prices included in that tab constitute an integral part hereof.
2. All products offered by the Website are new and free from physical and legal defects.
3. The colour or shade of goods may differ slightly from those presented in the photos due to the type of terminal equipment used by the User (colour coding).
4. Orders from Users are accepted through an order form placed on the Website upon clicking on "I confirm the order with an obligation to pay” button. If the ordering person is not an adult, but older than 13 years, his/her order must be confirmed by his/her legal guardian.
5. Orders through the Website may be placed 24 hours a day all year round, subject to maintenance breaks and failures.
6. Orders placed on weekdays after 1:00 p.m., on Saturdays, Sundays and official state holidays are processed on the next business day.
7. For the order to be executed, the buyer must provide the delivery address (first name and surname, street, zip code, city) and contact details (first name and surname, telephone number, e-mail).
8. In the case of receiving incomplete, false or incomprehensible information, the Controller will try to contact the User in order to complete or correct the information. If contact is not possible, the order will not be processed.
9. Having placed an order, the User will receive, to the provided e-mail account, an electronic letter automatically generated by the Website with confirmation of the order conditions.
10. The ordered goods are delivered to the User by a courier company and by Poczta Polska at the User's option. When goods are delivered by courier, the ordering person is asked to check, in the courier's presence, whether both the parcel and the goods inside are not damaged as a result of transport, whether they are intact and in conformity with the order. Verification of the package is a free service that guarantees the highest quality of services. In the event of discovering that the package is damaged, incomplete or non-compliant with the order, the user is asked to write a damage report in the presence of the courier and immediately notify the CONTROLLER of the fact.
11. The delivery time depends on the selected form of delivery and is indicated on the pages of the Website.
12. a shipping time is indicated next to each item on the Website. The shipping time is the time between placing an order and dispatching a package from the Controller’s company (only business days are considered).
13. An order for goods with different shipping times will be fulfilled after the whole order has been completed, i.e. after the longest time specified.
14. The package receipt time means the order fulfilment time and the expected delivery time.
15. The cost of delivery of the ordered goods in Poland is indicated in the "shipment method" tab.
16. If the order contains goods that are not available for shipment, the CONTROLLER will immediately inform the ordering person about it by e-mail or phone. The ordering person who is a Consumer or Consumer-trader has the right then to cancel the entire order, or to resign from the goods that are not available, or to agree to extend the lead time, or to carry out the order in parts, or to agree to replace the missing goods with similar goods having similar properties and prices.
17. The User may choose the following forms of payment:
- regular bank transfer
- cash on delivery
18. The User who is a Consumer or Consumer-trader may withdraw from the contract within 14 days from the date of receipt of the goods. The user does not have to give reasons for withdrawal. The withdrawal should be made by sending a written statement to the address of the CONTROLLER. a statement form with instructions can be downloaded here. In order to meet the deadline, it is enough to send the statement before its expiry. If the user paid by bank transfer, the refund will be made to the account from which the bank transfer was made. If the user paid cash on delivery of the product, the refund will be made to the bank account indicated in the withdrawal statement, provided that the Consumer or Consumer-trader has specified a bank account number. The Consumer or Consumer-trader is obliged to return the goods to the CONTROLLER immediately, but no later than 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to return the articles before its expiry.
19. In the event of effective exercise of the right of withdrawal, the contract is deemed unconcluded and the user is free of any obligations. The user’s and the CONTROLLER’S services are subject to return in an unchanged condition, unless the change was necessary within the limits of ordinary management. The return should take place immediately, no later, however, than within 14 days from receipt of the Goods back or the provision of proof of their return by the Consumer or the Consumer-trader, whichever event occurs first.
20. The costs of sending the product to the user will be refunded by the Controller up to the cheapest delivery method available on the Website.
21. While the costs of sending (returning) the product in connection with the withdrawal of the contract by the user to the CONTROLLER will be borne by the user. The Consumer or Consumer-trader is liable only for the decrease of the value of goods resulting from using them in a manner other than that necessary to establish the nature, properties and functioning of the goods.
22. The CONTROLLER is responsible under warranty, if the thing sold has a physical or legal defect, according to the rules of liability indicated in the provisions of the Civil Code, in particular Articles 556 and 556(1) - 576 of the Civil Code. If the buyer of the goods is not a Consumer or a Consumer-trader, the CONTROLLER’S liability under warranty is excluded pursuant to Article 558(1) of the Civil Code.
23. A physical defect means non-compliance of a thing sold with the contract. In particular, the sold thing is inconsistent with the contract if:
a) it does not have the properties, which the thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or the intended use;
b) does not have the qualities which the seller assured the buyer of, including by presenting a sample or model,
c) is not fit for the purpose of which the buyer informed the seller when concluding the contract and the seller has not made reservations concerning its such intended use;
d) has been delivered to the buyer in an incomplete condition.
24. The CONTROLLER is not liable to a buyer who is a consumer or consumer-trader for the fact that the thing sold does not have the properties resulting from public assurances, apart from the information presented on the Website pages, if the CONTROLLER did not know these assurances, judging reasonably, could not know them or they could not have influenced the buyer's decision to conclude a sales contract, or if their content has been corrected before the conclusion of the sales contract.
25. A fiscal receipt is issued for each good sold, and, at the request of the customer, a VAT invoice. The sales document constitutes a written confirmation of the contents of the placed order and the concluded sales contract.
26. If the CONTROLLER does not accept a complaint, the ordering person who is a Consumer may use the out-of-court ways of processing complaints and pursuing claims, e.g. the ordering person may ask for intervention of a neutral party: the Municipal Consumer Ombudsman, or the State Trade Inspection for mediation aimed at ending a dispute of the Consumer with the Controller, or through an arbitration clause the Arbitration Consumer Court functioning at the State Trade Inspection. The detailed procedures for using the assistance of the ombudsman, arbitration court or the Trade Inspection are available on the websites of these authorities and at www.uokik.gov.pl in the "Consumer dispute resolution" tab. Out-of-court redress after the complaint procedure is over is free of charge. In the case of an ordering person who is a Consumer who wants to use the out-of-court redress, there is also a possibility to file a complaint via the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr/. For the avoidance of doubt, the CONTROLLER points out that the rights described in this paragraph 26 do not apply to an ordering person who is a Consumer-trader.
27. The Seller informs that it does not agree to resolve consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of laws Dz.U. 2016, item 1823.)
The CONTROLLER is not responsible for delays in the operation of the Website beyond its control caused by telecommunication operators.
1. The CONTROLLER reserves the right to:
A) switch off periodically the availability of the Website in order to develop or maintain it,
b) occasional, short breaks in the access to the Website,
c) change the parameters of the User Account and the utility features and capabilities of the Website,
d) terminate the provision of Services at any time by closing down part or the entire Website, after publishing appropriate information on the Website pages with sufficient advice notice,
e) withdraw from the enforcement of any point of the Rules, if the breach of the Rules is insignificant and its degree enables such withdrawal.
Each User has the right to use all or particular functionalities of the Website. The User is obliged to:
a) inform the CONTROLLER about changes of the contact e-mail address or otherwise letters or e-mails sent to addresses that have not been updated will be deemed to have been served,
b) comply with the Rules,
c) comply with generally applicable laws.
A complaint submitted by the User in connection with the non-performance or improper performance of the contract should be sent to the CONTROLLER by e-mail or in writing to the address of the CONTROLLER’S seat.
1.i.1. The User has the right to make a complaint in connection with the non-performance or improper performance of the contract of sale of the Goods, among others, in the case of:
a) a physical defect of the goods,
b) a defect occurring as a result of delivery,
c) when the product does not correspond to the product specified in the order.
1.i.3. The CONTROLLER is obliged to provide a written reply to the complaint, sending, within 14 days from the date of its receipt, information indicating whether it accepts the complaint and how it intends to remove the violations specified in the complaint or informing about the lack of grounds to recognize the complaint and the reasons for its position. Should it be necessary to clarify additional circumstances related to the services provided to the CONTROLLER by the entities the CONTROLLER is not responsible for, the CONTROLLER will send, within 7 days, the information about the need to clarify these circumstances to the user submitting the complaint.
The Seller informs that it does not agree to resolve consumer disputes under the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016 (Journal of laws Dz.U. 2016, item1823.)
The CONTROLLER reserves the right to immediately withdraw from the contract and block the Account of the User who:
1. violates the provisions of the Rules,
a) uses an Identifier which is identical with an expression commonly regarded as offensive or contrary to good manners,
b) makes criminal threats, violates personal interests or otherwise breaks the law by using the Website or on the Website.
Personal data of Users and data concerning payments will be transferred to a third party (e.g. banks, processing centres) only for the purpose connected with the execution of a conducted transaction or in the event of circumstances described in the applicable provisions of law.
1. The CONTROLLER may collect data concerning the popularity and use of particular Services offered by the CONTROLLER, sharing them with the CONTROLLER'S subsidiaries or other related parties. These data will only be shared anonymously and in groups.
The CONTROLLER will make every endeavour to ensure that the Website and all services made available through it work continuously without any interruptions
1. The CONTROLLER reserves the right to transfer or commission all or part of its rights and obligations arising from the Rules to a third party. In such a case, the procedure of third party's ascension to all or part of the rights and obligations under the contract will take place on the basis of generally applicable legal regulations in the Republic of Poland.
2. The CONTROLLER reserves the right to completely discontinue the provision of Services on the Website, having informed the Users of such a decision sufficiently in advance.
3. The CONTROLLER reserves the right to change the content of the Rules at any time for important reasons, which are:
a) change of the legal regulations governing the provision of services by electronic means,
b) change of the way of providing services by electronic means,
c) change in the scope and/or the provision of services by electronic means, to which the provisions of the Rules apply, by introducing new services or withdrawing the existing services by the Website; in such a case, each Registered User will be notified one month in advance about the change of the Rules, via e-mail or by publication of information on the Website.
5. The legal provisions, of Polish law in particular, will apply to the matters not regulated herein.
6. Any comments, remarks and questions concerning the operation of the Website should be sent to address: email@example.com or by mail to the following address; womet-tech, ul. Galicyjska 108, 32-447 Siepraw.
7. The content of the Rules may be fixed by printing, saving to a data storage carrier or downloading at any time from the Website.
By providing my email address, I agree to receive commercial, marketing and advertising information (newsletter) by email from the personal data controller, which is Womet-Tech Janusz Woś, ul Galicyjska 108, 32-447 Siepraw, NIP: 681-133-59-44, Regon: 356696371. The personal data controller informs that the personal data provided by you will be used only to send the newsletter. Providing data is voluntary, but necessary for the purpose of sending the newsletter, personal data will not be transferred to third parties without your separate consent. You have the right at any time to transfer your data, access the contents of your personal data and correct them, object to the processing of your data, and you also have the right to lodge a complaint regarding the processing of your personal data with the President of the Office for Personal Data Protection.