RULES OF THE INTERNET STORE
“Safe Store” Certificate issued by legalniewsieci.pl service
§1 GENERAL PROVISIONS
www.wheelstandpro.com Store operates on terms and conditions specified in these Rules
These rules govern the terms and conditions of concluding and terminating Product Sale Contracts, complaint procedures, as well as the type and scope of services provided electronically by www.wheelstandpro.com Store, rules of provision of such services, as well as terms and conditions of concluding and terminating contracts made electronically.
While using the Electronic Services of www.wheelstandpro.com Store, each Client of the Store must observe the provisions of these Rules.
In matters not regulated by this Rules, the following provisions shall be applicable:
Act on Provision of Electronic Services of 18 July 2002 (Dz. U. No. 144, item 1204 as amended).
Act on Consumer Rights of 30 May 2014 (Dz. U. of 2014, item 827).
Act on Out-of-court Resolution of Consumer Disputes of 23 September 2016 (Dz. U. of 2016, item 1823).
Civil Code Act of 23 April 1964 (Dz. U. No. 16, item 93 as amended), as well as other relevant provisions of the Polish law.
§2 DEFINITIONS CONTAINED IN THESE RULES
ORDER FORM - the form available at www.wheelstandpro.com website allowing the Client to place an Order.
CLIENT - a Consumer client wishing to conclude or who has already concluded a Sales Contract with the Seller.
CONSUMER - an individual entering into a legal transaction with the entrepreneur not related directly to their business or professional activity.
PRODUCT - a commodity or service available at the Store, being the subject matter of the Sales Contract between the Client and the Seller.
RULES - these Store rules.
STORE - Service Provider's Internet Store operating at: www.wheelstandpro.com.
SELLER, SERVICE PROVIDER - WSP Anna Bik, NIP tax identification number: 5512296176 , REGON statistical number: 120616082 , principal place of business and address for service: ul. Podstawie 28a, 34-100 Wadowice, Poland e-mail address: order@wheelstandpro.com, telephone number: +48 338733713
SALES CONTRACT - a contract of sale of a Product made between the Client and the Seller through the Store.
ELECTRONIC SERVICE - a service provided via electronic means by the Service Provided to the Client through the Store.
CLIENT - an individual, legal person or organizational unit without legal personality with a statutory legal capacity, using the Electronic Service.
SEARCH ENGINE - an Electronic Service made available by the Service Provider to Clients used to search for specific contents on the basis of characters or phrases entered by the Client.
ORDER - Client's declaration of will constituting an offer for signing a Product Sales Contract with the Seller.
§3 INFORMATION ON PRODUCTS AND PRODUCT ORDERING
Www.wheelstandpro.com Store deals with both retail sale and wholsesale of Products via Internet, only to Consumers.
The Products offered by the Store are brand new, free from physical and legal defects and are legally marketed in Poland.
The information contained on Store’s websites shall not constitute an offer under the provisions of the law. By placing an Order, the Client places an offer of purchase of a given Product under terms and conditions given next to its description.
The price of the Product shown on the Store’s website is given in Polish zloty (PLN), US dollars (USD), British pounds (GBP) or euro (EUR) and contains all taxes and charges, including VAT. If the product is delivered outside the European Union, the Client may be liabile to pay duty or relevant tax in accordance with the provisions in the country of destination. In order to obtain additional information, the Client is asked to contact relevant customs or excise duty office. The price is exclusive of delivery costs.
The price of the Product shown on the Store’s website is binding as of the moment of placing the Order by the Client. This price shall not change regardless of the changes of prices at the Store that may apply to certain Products after placing the Order by the Client.
Orders may be placed:
- through the website using the Order Form (www.wheelstandpro.com Store) - 24 hours/day, 365 days/year.
- through e-mail to: order@wheelstandpro.com.
It is not required for the Client to establish an Account at the Store In order to place an Order.
In order to place an Order at the Store, the Client must read the Rules and accept its provisions while placing the Order.
The Store processes Orders placed from Monday to Friday during Store opening hours i.e. from 9:30 to 11:00 on business days. Orders placed on business days after 11:00, on Saturdays, Sundays and holidays shall be processed the following business day.
Products on sale are limited and Orders for such Products shall be processed on the “first-come, first-served” basis until running out of stock of oa given Product.
§4 CONCLUSION OF A SALES CONTRACT
In order to conclude a Sales Contract, the Client must place an order beforehand using methods made available by the Seller, in accordance with § 3 points 6 and 8.
After placing the Order, the Seller shall confirm the receipt of the Order as soon as possible.
The acceptance of the Order for processing shall make the Client liable for the Order. Confirmation of acceptance of the Order for processing shall be made by sending an e-mail message.
The confirmation of acceptance of the Order for processing shal contain the following:
- confirmation of all relevant elements of the Order,
- contract withdrawal form,
these Rules containing details of the right to withdraw from the contract.
As soon as the Client receives an e-mail mentioned in point 4, a Sales Contract is made between the Client and the Seller.
Each Sales Agreement will be confirmed by proof of purchase (receipt or invoice) attached to the shipment or sent to the buyer's e-mail address provided when ordering.
§5 PAYMENT METHODS
The Seller has made the following payment methods available:
- payment by ordinary bank transfer to the Seller's bank account.
- payment by electronic payment service (PayU).
- payment by electronic payment service (eService).
In the case of payment by ordinary bank transfer, please transfer the required amount to the following account number: PL03 2490 0005 0000 4530 2996 4492 (Alior Bank) WSP Anna Bik, NIP: 5342480572, ul. Podstawie 28a, 34-100 Wadowice, Poland. Please enter “The exact name of the product, shipping address and phone number” in the description of the transfer.
In the case of payment through electronic payment services, the Client makes the payment before the commencement of Order processing. While using electronic payment services, the Client may pay with a credit card or a quick transfer from selected Polish banks.
The Client shall pay the price under the Sales Contract within 1 business days from the date of the Contract, unless the Sales Contract states otherwise.
The Product shall be sent only after making the payment for it.
§6 COST, DATES AND METHODS OF PRODUCT DELIVERY
The costs of shipping of the Product are determined while placing the Order and depend on the selected method of payment and delivery of the purchased Product.
The delivery time of the Product includes the time needed for the assembly of the Product and the time of delivery of the Product by the carrier:
The time for the assembly of the Product is 1 business day.
The delivery of the Product by the carrier takes place on the date declared by the carrier, i.e. 3 to 4 business days (the delivery takes place only on business days excluding Saturdays, Sundays and holidays).
Products purchased from the Store are shipped with either Poczta Polska or a courier service (DHL, FEDEX).
The Client may pick up the Product in person after prior arrangement by phone or by e-mail.
§7 PRODUCT COMPLAINTS
Warranty complaints.
All the Products offered by the Store are covered with the manufacturer's warranty valid in the territory of the Republic of Poland.
The warranty period for products is 24 months and is counted from the date of delivery of the Product to the Client.
The document entitling you to use the warranty may be your order confirmation.
The warranty does not exclude the Consumer's rights under implied warranty for physicals and legal defects of the Products specified in the Civil Code.
Implied warranty complaints.
The basis and scope of Seller's liability towards a Client being a Consumer under implied warranty for physical and legal defects are defined in the Civil Code of 23 April 1965. (Dz. U. No. 16, item 93 as amended).
Notifications of defects of the Product and requests may be submitted by e-mail to: order@wheelstandpro.com.or in writing to: ul. Podstawie 28a, 34-100 Wadowice, Poland.
The above written and electronic notifications should contain as much details and circumstances concerning the subject matter of the complaint as possible, in particular the type of defect, date of occurrence, as well as contact details. The above details would greatly facilitate the process of complaint consideration by the Seller.
For the purposes of inspection of physical defects of the Product, it should be delivered to: ul. Podstawie 28a, 34-100 Wadowice, Poland.
The Seller shall respond to the Client's complaint as soon as possible, no later than within 14 days from the notification date.
In the case of a complaint by a Client who is a Consumer - failure to respond to the complaint within 14 days from the date of notification shall mean that it has been considered. If the complaint of a Client who is a Consumer is deemed just, the Seller shall cover the costs of receipt, delivery and replacement of the Product to a defect-free Product.
The reply to the complaint shall be delivered to the Client in paper form or on other permanent carrier.
§8 RIGHT TO WITHDRAW FROM THE CONTRACT
Subject to point 10 of this paragraph, a Consumer Client who entered into a distance contract may withdraw from such a contract without giving reasons, by filing a proper statement within 14 days. In order to meet the above deadline, it is sufficient to send a contract withdrawal form made available by the Store. You can generate the contract withdrawal statement using document generator available HERE.
In the event of withdrawal from the Contract, the Sales Contract shall be deemed as not concluded and the Consumer shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller as soon as possible, no later than within 14 days from the date of withdrawal, unless the Seller offered to pick up the Product on his own. In order to meet the deadline, it is sufficient to send the Product back before the end of the deadline.
In the event of withdrawal from the Sale Contract, the Product must be returned to the following address: ul. Podstawie 28 a, 34-100 Wadowice, Poland.
The Consumer shall be liable for the decrease of the Product value resulting from the use of the Product to an extent exceeding the extent necessary to determine the nature, features and functions of the Product.
Subject to points 6 and 8 of this paragraph, the Seller shall return all the payments made by the Consumer under the Sales Contract, from which the Consumer withdraws, as soon as possible, no later than within 14 days from the date of receipt of the Consumer's notice of withdrawal from the contract, using the same payment method as used by the Consumer, unless the consumer expressly consented to another form of reimbursement that does not entail any costs on the Consumer’s part.
If the Consumer selected a method of delivery other than the cheapest method of delivery offered by the Store, the Seller shall not be obliged to reimburse the Consumer for additional costs incurred by the Consumer.
If the Seller did not offer to pick up the Product from the Consumer on his own, then the Seller may suspend the reimbursement of sums received from the Consumer until receiving the returned Product or until the Consumer delivers a proof of shipment of the Product, whichever comes first.
The Consumer who withdraws from the Sales Contract, in accordance with point 1 of this paragraph, shall only pay the costs of sending the Product back to the Seller.
The fourteen-day period, during which the Consumer may withdraw from the contract, shall be counted from the day on which the Consumer took possession of the Product and, in the case of a service, from the date of concluding the contract.
The Consumer has the right the right to withdraw from a distance contract in the case of a Sales Contract:
- whose subject matter is a non-prefabricated product manufactured according to Consumer's specification or serving the Consumer's individual needs,
- whose subject matter is a product delivered in a sealed packaging, which cannot be returned after opening due to health protection or hygienic reasons, if the package was opened after delivery.
Both the Seller and the Client (Consumer) shall have the right to withdraw from the Sales Contract if the other party fails to fulfill their obligations under the contract within due deadline.
§9 TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider provides Electronic Services through his store. Those include:
- conclusion Product Sales Contracts,
- using the Search Engine,
Provision of Electronic Services to Clients at the Store takes place under terms and conditions specified in the Rules.
The Service Provider shall have the right to place advertising content on the Store's website. Such content is an integral part of the Store and materials presented there.
§10 TERMS OF PROVISION OF ELECTRONIC SERVICES AND CONCLUDING CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
The provision of Electronic Services mentioned in § 9 point 1 of the Rules by the Service Provider is free of charge.
- contract for the provision of Electronic Service consisting in the possibility to place an Order at the Store is made for a definite period and is terminated at the moment of placing the Order or cessation of Order placing by the Client.
- contract for the provision of Electronic Service consisting in the use of the Search Engine is made for a definite period and is terminated at the moment the Client ceases to use said Service.
- a computer with access to the Internet,
- access to e-mail,
- Internet browser,
- enabling Cookies and Javascript in the Internet browser.
The Client shall use the Store in a lawful manner, in accordance with good practice, taking into consideration the respect for third party goodwill and intellectual property.
The Client shall provide true and correct data.
The Client is prohibited to provide any illegal content.
§11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services through the Store may be filed by the Client through e-mail to: order@wheelstandpro.com.
E-mails with complaints should contain as much details and circumstances concerning the subject matter of the complaint as possible, in particular the type of problem, date of occurrence, as well as contact details. The above details would greatly facilitate the process of complaint consideration by the Service Provider.
The Service Provider shall respond to the complaint as soon as possible, no later than within 14 days.
The Service Provider’s reply to the complaint shall be sent to the Client’s e-mail address provided in the complaint notice or otherwise by the Client.
§12 INTELLECTUAL PROPERTY
All the content on the website at: www.wheelstandpro.com are protected by copyright (subject to § 12 point 3 and elements used under licence or permitted use) and are the property of WSP Anna Bik, NIP: 551 229 61 76 , REGON: 120616082 , ul. Podstawie 28a, 34-100 Wadowice, Poland. The Client bears full liability for damage done to the Service Provider as a consequence of using any content of www.wheelstandpro.com website without the Service Provider’s consent.
Any use of any elements of the content of www.wheelstandpro.com website without express written consent of the Service Provider constitutes a violation of the Service Provider’s copyrights and shall result in civil, legel and criminal liability.
Any trade names, Product names, company names and logos used on the Store’s website at: www.wheelstandpro.com are the property of their rightful owners and are used solely for identification purposes. Those can be copyrighted trade marks. Any materials, descriptions and pictures presented on the Store's website at: www.wheelstandpro.com are used for information purposes.
§13 FINAL PROVISIONS
Placing an order in the online store means that the Buyer has read and agrees to the terms of the Regulations.
Contracts concluded through the Store are made in accordance with the Polish law.
If there is a contradiction between any part of these Rules and the law in force, the relevant provisions of the Polish law shall be applicable in place of the questioned provision of these Rules.
Any disputes arising in connection with Sales Contracts between the Store and Consumers shall be settled through negotiations in the first place with an intention to settle the dispute amicably, taking into consideration the Act on out-of-court resolution of consumer disputes. However, it it is impossible or not satisfactory to any of the parties, the disputes shall be settled by a competent common court in accordance with point 4 of this paragraph.
Resolution of disputes by a court of law:
- Any possible disputes arising between the Service Provider and a Client, who is a Consumer, shall be resolved by competent courts in accordance with the provision of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296 as amended).
- Any possible disputes arising between the Service Provider and a Client who is not a Consumer, shall be resolved by a court of law competent for the Service Provider’s seat.
A Client, who is a Consumer, also has the right to use out-of-court methods of dispute resolution, in particular by making an application for mediation or for consideration of the case by an arbitration court following the end of the complaint procedcure (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The List of Permanent Consumer Arbitration Courts operating at Provincial Trade Inspection Inspectorates is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers can also use free help of a County (Municipal) Consumer Ombudsman or a social organization, whose statutory goals include consumer protection. Out-of-court pursuit of claims after the end of complaint procedure is free of charge.
In order to settle the dispute through arbitration, the Consumer may file a complaint through ODR Internet Platform (Online Dispute Resolution), available at: http://ec.europa.eu/consumers/odr/.