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Terms and Conditions of the Store

Regulations of the online store Shelf and Pallet Warehouse Racks - Online Store | Waran

specifying, among other things, the principles of concluding contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

 

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order fulfilment

§ 7 Right to withdraw from the contract

§ 8 Exceptions to the right to withdraw from the contract

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

Annex no. 1: Sample withdrawal form

 

§ 1 DEFINITIONS

Business days – days from Monday to Friday, except for public holidays in Poland.

Civil Code – the act of 23 April 1964, the Civil Code.

Consumer – a consumer within the meaning of the provisions of the Civil Code.

Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which each entity using the Store can set up their individual account in the Store.

Buyer – each entity purchasing in the Store.

Privileged Buyer – a Buyer who is a Consumer or a privileged Entrepreneur.

Privileged Entrepreneur – a natural person concluding an contract with the Seller directly related to their business activity, but not of a professional nature for them.

Regulations – these regulations.

Store – an online store of Shelf and Pallet Warehouse Racks - Online Store | Waran run by the Seller at https://sklep.waran-regaly.pl.

Seller – "WARAN" K.M.A.G. Żebrakowscy Spółka jawna with its registered office at 35-107 Rzeszów, ul. Energetyczna 5, entered into the National Court Register - register of entrepreneurs by the District Court in Rzeszów, under the National Court Register [KRS] number 0000052152, TAX ID [NIP] 8130200718, Central Statistical System [REGON] number 690032385.

Consumer Rights Act - the act of 30 May 2014 on consumer rights.

 

§ 2 CONTACT WITH THE SELLER

  1. Postal address: 35-107 Rzeszów, ul. Energetyczna 5
  2. E-mail address: sklep@waran-regaly.pl
  3. Phone: 509 512 822

 

§ 3 TECHNICAL REQUIREMENTS

  1. For the Store to function properly, you need:
  • a device with Internet access
  • a web browser that supports JavaScript and cookies.
    To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

 

§ 4 PURCHASES IN THE STORE

  1. The prices of products visible in the Store are the total prices for the product.
  2. The Seller points out that the total price of the order consists of the following indicated in the Store: the price for the product and, if applicable in a given case, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. The Buyer then selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and also provides the data necessary to complete the placed order.
  5. The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
  6. Placing an order is identical to concluding an contract between the Buyer and the Seller.
  7. The Buyer can register in the Store, i.e. create an Account there, or make purchases without registration by providing their data with each possible order.

 

§ 5 PAYMENTS

  1. You can pay for your order, depending on the Buyer's choice:
  1. using a payment card:
  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro
    via the payment platform:
  • Tpay
    cash on delivery, i.e. cash upon delivery of the goods to the Buyer; by card or cash upon personal collection of the goods.
    In the event of choosing payment via the Tpay payment platform, the entity providing online payment services is Krajowy Integrator Płatności S.A. In the event that the Buyer chooses payment in advance, the order must be paid for within 5 Business Days of placing the order. The Seller informs that in the case of payment methods in which the field for entering the data necessary to make the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

 

§ 6 ORDER COMPLETION

  1. The order fulfilment date is indicated in the Store.
  2. If the Buyer has chosen to pay in advance for the order, the Seller will start fulfilling the order after it has been paid for.
  3. If the Buyer has purchased products with different fulfilment dates within one order, the order will be fulfilled on the date appropriate for the product with the longest fulfilment date.
  4. The goods are delivered only within the territory of the Republic of Poland.
  5. Products purchased in the Store are delivered via a courier company.
  6. The Buyer can collect the goods in person at the company's headquarters during its opening hours.
  7. If the Buyer chooses personal collection, the goods will be ready for collection on the indicated order fulfilment date.

 

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from:
  1. in which the Privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
  2. in which the Privileged Buyer came into possession of the last goods, lot or part or in which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last goods, lot or part, in the case of a contract obliging the transfer of ownership of multiple goods which are delivered are separately, in batches or in parts.
    In order for the privileged Buyer to exercise the right to withdraw from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). The privileged Buyer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory. In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract expires.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

    In the event of withdrawal from the concluded contract, the Seller shall refund to the preferred Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred delivery method chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the date on which the Seller was informed about the Privileged Buyer's decision to exercise the right to withdraw from the contract. The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, and in any case the Privileged Buyer will not incur any fees in connection with this refund. If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he receives proof of sending them back, depending on which event occurs first. The Seller requests that the goods be returned to the following address: 35-107 Rzeszów, ul. Energetyczna 5 immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the privileged Buyer returns the goods before the expiry of the 14-day period. The privileged Buyer shall bear the direct costs of returning the goods. The privileged Buyer shall be liable only for the reduction in the value of the goods resulting from their use in a manner other than necessary to determine the nature, characteristics and functioning of the goods. If the goods cannot be returned by regular mail due to their nature, the privileged Buyer shall also have to bear the direct costs of returning the goods. The privileged Buyer shall be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order. In the event of the need to return funds for a transaction made by the privileged Buyer with a payment card, the Seller shall make a refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
  1. in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to meet his individual needs;
  2. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
  3. in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
  4. in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;
  5. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;
  6. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
  2. The Seller asks to submit complaints to the postal or electronic address indicated in § 2 of the Regulations.
  3. If a warranty has been granted for the product, information about it and its conditions is available in the Store.
  4. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  5. The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS

Goods

  1. In the event of non-conformity of goods with the contract, the privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
  2. The Seller shall be liable for the non-conformity of goods with the contract, existing at the time of delivery and disclosed within two years of that time, unless the expiry date of the goods, specified by the Seller, his legal predecessors or persons acting on their behalf, is longer.
  3. Based on the provisions of the Consumer Rights Act, the privileged Buyer may in each case demand:
  1. replacement of the goods,
  2. repair of the goods.
    In addition, the privileged Buyer may submit a declaration of:
  1. reduction of the price,
  2. withdrawal from the contract

in a situation where:

  • The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
  • The Seller has not brought the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
  • the lack of conformity of the goods with the contract continues, even though the Seller has tried to bring the goods into compliance with the contract;
  • the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in Art. 43d of the Consumer Rights Act;
  • it is clear from the Seller's representation or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
    In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the preferred Buyer at his own expense. The privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address 35-107 Rzeszów, ul. Energetyczna 5. The Seller shall refund the price to the Privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return. The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's declaration on the price reduction.

Extrajudicial methods of handling complaints and pursuing claims

  1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
  1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
  2. assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
  3. free assistance of the municipal or district Consumer Advocate;
  4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, the Buyer other than the privileged Buyer may complain about the defective goods on the basis of the warranty regulated in the Civil Code.
  2. The Seller is liable under the warranty towards a Buyer other than the privileged Buyer if a physical defect is discovered within two years from the date of delivery of the goods to the Buyer.
  3. Pursuant to the Civil Code, the Buyer who is an entrepreneur other than a privileged entrepreneur loses his warranty rights if he did not examine the goods at the time and in the manner usual for goods of this type and did not immediately notify the Seller about the defect, and if the defect was discovered only later - if he did not notify the Seller immediately after discovering it. To meet the above deadline, it is sufficient to send a notice of the defect before its expiry.
  4. Using the warranty, a Buyer other than a privileged Buyer may, under the terms specified in the Civil Code:
  1. submit a declaration of price reduction,
  2. in the case of a significant defect - submit a declaration of withdrawal from the contract,
  3. demand the exchange of the goods for defect-free ones,
  4. demand the removal of the defect.
    If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than a privileged Buyer is obliged to deliver this goods to the address 35-107 Rzeszów, ul. Energetyczna 5.

§ 10 PERSONAL DATA

  1. The Controller of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfil orders. The basis for the processing of personal data in this case is:
  • the contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
  • the legal obligation of the Seller related to accounting (Article 6, paragraph 1, letter c of the GDPR) and
  • the legitimate interest of the Seller, consisting in the processing of data for the purpose of determining, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
    The provision of data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store. The Buyer's data provided in connection with purchases in the Store will be processed until:
  1. the contract concluded between the Buyer and the Seller ceases to apply;
  2. the Seller ceases to be under a legal obligation obliging it to process the Buyer's data;
  3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store ceases;
  4. the Buyer's objection to the processing of his personal data is accepted - in the event that the basis for data processing was the Seller's legitimate interest

- depending on what applies in a given case and what will happen at the latest.

    The Buyer has the right to demand:
  1. access to his personal data,
  2. its rectification,
  3. deletion,
  4. restriction of processing,
  5. transfer of data to another controller

as well as the right to:

    file an objection at any time to the processing of data for reasons related to the Buyer's special situation - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on legally justified interests pursued by the Seller).

 

    In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations. If the Buyer considers that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.

§ 11 LIMITATIONS

  1. The Buyer is prohibited from providing content of an illegal nature.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the time and for the purpose of fulfilling the order.
  3. Contracts concluded on the basis of the Regulations are concluded in Polish.
  4. In the event of a potential dispute with a Buyer who is not a privileged Buyer, the competent court will be the court with jurisdiction over the Seller's registered office.

 

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or the privileged Entrepreneur may, but does not have to, use:

WITHDRAWAL FORM SAMPLE

(This form should be completed and returned only if you wish to withdraw from the contract)

"WARAN" K.M.A.G. Żebrakowscy Spółka jawna

35-107 Rzeszów, ul. Energetyczna 5

e-mail address: sklep@waran-regaly.pl

 

- I/We(*) ..................................................................... hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

 

........................................................................................................................................................................

 

....................................................................................................................................................................

 

- Date of conclusion of the contract(*)/receipt(*)

 

........................................................................................................................................................................

 

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

 

........................................................................................................................................................................

 

- Address of the Consumer(s) / Entrepreneur(s) privileged(s):

 

........................................................................................................................................................................

 

........................................................................................................................................................................

 

.............................................................................................

Signature of the Consumer(s) / Privileged Entrepreneur(s)

(only if the form is sent in paper form)

 

Date ..................................................

 

(*) Delete where not applicable.

 

Account Regulations

in the Store Shelf and Pallet Warehouse Racks - Online Store | Waran

 

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Service Provider

§ 3 Technical requirements

§ 4 Account

§ 5 Complaints

§ 6 Personal data

§ 7 Reservations

 

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the provisions of the Civil Code.

Account – a free function of the Store (service) regulated in the Regulations, thanks to which the Service Recipient can set up their individual account in the Store.

Service Recipient – ​​any entity setting up an Account or interested in setting up an Account.

Privileged Service Recipient – ​​a Service Recipient who is a Consumer or a natural person concluding an contract with the Service Provider directly related to their business activity, but not of a professional nature for it.

Regulations – these Account regulations.

Store – online store Shelf and Pallet Warehouse Racks - Online Store | Waran run by the Service Provider at https://sklep.waran-regaly.pl

Service Provider - "WARAN" K.M.A.G. Żebrakowscy Spółka jawna with its registered office at 35-107 Rzeszów, ul. Energetyczna 5, entered into the National Court Register - Register of Entrepreneurs by the District Court in Rzeszów, under the National Court Register [KRS] number 0000052152, TAX ID [NIP] 8130200718, Central Statistical System [REGON] number 690032385.

 

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal address: 35-107 Rzeszów, ul. Energetyczna 5
  2. E-mail address: sklep@waran-regaly.pl
  3. Phone: 509 512 822

 

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
  • an active e-mail account
  • a device with Internet access
  • a web browser that supports JavaScript and cookies

 

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Service Recipient.
  2. The Account gives the Service Recipient additional options, such as: viewing the history of orders placed by the Service Recipient in the Store, checking the status of the order or independently editing the Service Recipient's data.
  3. In order to create an Account, fill out the appropriate form in the Store.
  4. At the time of creating an Account, an contract is concluded for an indefinite period between the Service Recipient and the Service Provider regarding the management of the Account on the principles indicated in the Regulations.
  5. The Service Recipient may resign from the Account at any time without incurring any costs.
  6. In order to resign from the Account, send your resignation to the Service Provider at the e-mail address: sklep@waran-regaly.pl, which will result in immediate deletion of the Account and termination of the contract regarding the management of the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address sklep@waran-regaly.pl.
  2. The complaint will be considered by the Service Provider within 14 days.

OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND FINDING CLAIMS

    In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
  1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
  2. assistance of the competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free assistance of the municipal or district consumer ombudsman; the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

 

§ 6 PERSONAL DATA

  1. The Controller of personal data provided by the Service Recipient when using the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of data, can be found in the Privacy Policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
  2. The purpose of processing the Service Recipient's data is to maintain the Account. The basis for the processing of personal data in this case is the service contract or actions taken at the request of the Service Recipient, aimed at its conclusion (Article 6 paragraph 1 letter b of the GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data in order to determine, pursue or defend potential claims (Article 6 paragraph 1 letter f of the GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Service Provider will not be able to provide the Account management service.
  4. The Service Recipient's data will be processed until:
  1. The account will be deleted by the Service Recipient or the Service Provider at the request of the Service Recipient
  2. the Service User or Service Provider will no longer be able to pursue claims related to the Account;
  3. the Service Recipient's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Service Provider

– depending on what is applicable in a given case and what will happen next.

    The Service Recipient has the right to request:
  1. access to their personal data,
  2. their rectification,
  3. deletion,
  4. restriction of processing,
  5. transfer of data to another controller

as well as the right to:

    file an objection at any time to the processing of data for reasons related to the specific situation of the Service Recipient - to the processing of personal data concerning them, based on art. 6 sec. 1 letter f of the GDPR (i.e. on legally justified interests pursued by the Service Provider).
    In order to exercise their rights, the Service User should contact the Service Provider. If the Service Recipient considers that his or her data is being processed illegally, the Service Recipient may submit a complaint to the President of the Office for Personal Data Protection.

 

§ 7 LIMITATIONS

  1. The Service User is prohibited from providing illegal content.
  2. The contract regarding maintaining the Account is concluded in Polish.
  3. In the event of important reasons referred to in section 4, the Service Provider has the right to change the Regulations.
  4. Important reasons referred to in section 3 are:
  1. the need to adapt the Store to legal provisions applicable to the Store's operations;
  2. improving the security of the service provided;
  3. change of functionality of the Account, requiring modification of the Regulations.
    The Service Recipient will be informed about the planned change to the Regulations at least 7 days before the change enters into force via e-mail sent to the address assigned to the Account. If the Service Recipient does not accept the planned change, they should inform the Service Provider by sending an appropriate message to the Service Provider's e-mail address sklep@waran-regaly.pl, which will result in the termination of the contract regarding the management of the Account upon the entry into force of the planned change or earlier, if the Service Recipient submits such a request. In a situation where the Service Recipient does not object to the planned change until it enters into force, it is assumed that they accept it, which does not constitute any obstacle to the termination of the contract in the future. In the event of a potential dispute with a Service Recipient who is not a privileged Service Recipient, the competent court will be the court with jurisdiction over the registered office of the Service Provider.