Statute


Wishbone Online Store Terms and Conditions

§1

Introductory Provisions

1. The Wishbone online store, available at www.wishbone.pl , is run by:

Jakub Dados, running the business Jakub Dados with its registered office in Smolec (55-080), ul. Leszczynowa 49, NIP: 8942687805 , REGON: 020992865.

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§2

Definitions

1. Shop - online shop run by the Seller at the internet address - www.wishbone.pl

2. Seller - Jakub Dados running the business Jakub Dados with its registered office in Smolec (55-080), ul. Leszczynowa 49, NIP: 8942687805 , REGON: 020992865.

Consumer - a natural person concluding an Agreement with the Seller within the Store, the subject of which is not directly related to the business or professional activity conducted by him/her.

4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf and using the Store.

5. Customer – a Consumer or Entrepreneur concluding an agreement via the Store.

6. Agreement – ​​a sales agreement concluded at a distance with the Customer as part of an organised system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.

7. Regulations - these regulations of the Store.

8. Product – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

9. Order - a declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.

10. Price – the amount indicated for each Product at the time of placing the order by the Customer, which the Customer is obliged to pay, together with the delivery costs, in connection with concluding the Agreement.

11. Account - the customer's account in the Store, which collects data provided by the Customer and information about the Orders placed by him in the Store.

12. Registration form – a form available in the Store, enabling the creation of an Account.

13. Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Agreement, including the method of delivery and payment.

14. Cart – an element of the Store software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.

§3

Seller's contact details

Jacob Dados

Leszczynowa Street 49

55-080 Smolec

contact@wishbone.pl

Credit Agricole bank account number: 98 1940 1076 3276 1539 0000 0000

§4

Technical requirements

To use the Store, you need a device with access to the Internet and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. To use some of the functionalities of the online store wishbone.pl, including registration and placing orders for Products, an active e-mail account is necessary.

§5

General information

1. Familiarizing yourself with the Store's offer and concluding an Agreement with the Seller via the Store does not require creating an Account in the Store.

2. Placing an order in the store and concluding an Agreement is possible both after creating an Account in accordance with § 6 of the Regulations, and after the Customer provides the necessary data enabling the execution of the order immediately before placing the Order.

3. The Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the Customer's technical infrastructure.

4. The prices indicated on the Website are given in Polish zloty and are gross prices including VAT applicable at the time of conclusion of the Agreement.

5. Prices do not include the costs of delivery of the Product.

6. The Seller delivers Products within the European Union.

7. Delivery is subject to payment and the delivery costs are borne by the Customer.

§6

Creating an Account in the Store

1. Creating an account involves completing the Registration Form by providing the following data: name, surname and choosing an e-mail address as a login and password.

2. Creating an Account in the Store is free of charge.

3. Logging in to the Account is done by entering the e-mail address as the login and the password provided in the Registration Form.

4. At any time, the Customer may, without giving any reason and without incurring any fees, request the Seller to delete the Account.

5. The request to delete the Account shall be sent by the Customer to the e-mail address indicated in § 3 of the Regulations.

6. The Seller undertakes to delete the Account as requested within 30 business days.

§7

Rules for placing an Order and concluding an Agreement

1. The customer places an order by completing the following steps:

1) Selecting the Product or Products available in the Store and clicking the "add to cart" icon.

2) Logging in to the Account or using the option to place an Order without logging in by clicking the "add to cart" icon and filling in the indicated data necessary to complete the Order.

3) Selecting the payment method available in the Store by clicking the appropriate icon.

4) Selecting a delivery method available in the Store or using the personal collection option by clicking the appropriate icon.

5) Clicking the "I am ordering" icon, which constitutes an expression of the customer's will to conclude the Agreement

6) Making the payment in accordance with your selection.

2. The Agreement is concluded when the Customer receives confirmation of the order sent to the e-mail address provided when creating an Account or placing an order without having to log in.

3. If the Seller is unable to fulfill the subject of the Order in whole or in part due to the fact that the Product is not available, or due to unforeseen circumstances it has not been delivered to the Seller or has been damaged or lost, then the Seller shall immediately notify the Customer and return the received price or provide a substitute service of the same value as the price paid - at the Customer's discretion and with the Customer's consent.

§8

Offered delivery and payment methods

1. When placing an Order, the Customer may use the following methods of delivery or collection of the ordered Product:

1) Courier delivery

2) Courier delivery with cash on delivery

3) Personal collection at the address indicated in § 3 after prior arrangement of the date and time with the Seller via the e-mail address indicated in § 3.

2. In case of choosing courier delivery with cash on delivery, the Customer is obliged to refund the costs of sending the courier delivery with cash on delivery to the Seller in case of failure to collect the shipment with the Product.

3. The place of performance of the Agreement by the Seller is the place where the Product is received (and in case of doubt, the place where the Product should be received according to the Customer's indication).

4. The Seller informs the Customer about the price and delivery costs in the Order summary before the Customer places the Order.

5. When placing an Order, the Customer may use the following payment methods:

1) Payment upon pickup

2) Cash on delivery

3) Payment by bank transfer to the Seller's account indicated in § 3

4) Electronic payments

5) Payment by card.

6. In the event of the choice specified in paragraph 4 point c., the Customer is obliged to pay the Price together with any delivery costs within 5 working days under penalty of withdrawal by the Seller from the Agreement after a prior request for payment from the Customer sent to the e-mail address provided by the Customer when setting up an account or placing an Order.

7. The date of payment is the date on which the price is credited to the Seller's bank account indicated in § 3.

§9

Shipment

1. The Seller undertakes to send the Product no later than within 14 business days.

1) Upon crediting the price and any delivery costs to the Seller's account indicated in § 3.

2) From the conclusion of the contract in the case of choosing cash on delivery or payment upon personal collection

§10

Right of withdrawal

1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Customer who is a consumer and who has concluded the Agreement may, within fourteen (14) days from the date of receipt of the Product, withdraw from the agreement without giving any reason by submitting a declaration of withdrawal from the agreement to the Seller.

2. Withdrawal from the contract may occur by submitting a declaration of withdrawal from the Contract or by filling out a form which can be downloaded HERE in the "WITHDRAWAL FROM THE CONTRACT" section, and sending it to the address of the Store's registered office indicated in § 3 together with proof of conclusion of the Contract.

3. In order to meet the deadline for withdrawal from the Agreement, the declaration of withdrawal from the Agreement should be sent in the manner indicated in paragraph 2 before the expiry of 14 days from the date of receipt of the Product.

4. In the event of withdrawal from the sales contract, the contract is deemed not to have been concluded in relation to the Product from the purchase of which the Consumer withdrew.

5. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods in the manner indicated in the declaration of withdrawal.

6. In the event of withdrawal from the Agreement, the Product must be returned by the Consumer immediately, no later than within 14 days from the date on which the Consumer withdrew from the agreement, to the address indicated in § 3.

7. The cost of returning the Product to the Seller is borne by the Consumer.

8. The Seller may withhold the refund of payments made by the Consumer under the conclusion of the Agreement until receiving the Product from the Consumer.

9. In the event of exceeding the withdrawal deadlines specified in this article, the Seller will send the returned Product to the Consumer at their expense. Failure by the Customer to comply with the withdrawal procedure described above may result in a significant delay in completing the withdrawal procedure and, consequently, in the order to return the funds due to the Customer.

10. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:

1) where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs,

2) where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,

3) where the subject of the service is an item that spoils quickly or has a short shelf life,

4) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,

5) 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 deadline for withdrawal from the Agreement expires,

6) where the subject of the performance are items which after delivery, due to their nature, are inseparably connected with other items,

7) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller's control,

8) where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,

9) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,

10) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller informed him of the loss of the right to withdraw from the Contract,

§11

Complaint and warranty

1. All Wishbone products purchased from February 26, 2025 onwards are covered by a 180-day warranty from the date of purchase from the current Seller. This warranty covers all defects resulting from the fault of the manufacturer. The warranty for products purchased before February 26, 2025 is the responsibility of the previous owner of the brand, according to the terms in force at the time of their sale.

2. The warranty does not cover:

1) discounted products

2) defects resulting from natural wear and tear caused by normal use

3) mechanical damage

4) obvious defects visible on the day of purchase, assuming that the buyer knew about them at the time of purchase

5) dirt

6) damage caused by improper use

3. The Customer may file a complaint against the Seller, in particular in the event of non-compliance of the Product with the Agreement or defects in the Product, as well as if the Seller's actions are carried out incorrectly or contrary to the provisions of the Regulations.

4. A complaint may be filed by sending to the address indicated in § 3 the form completed in the COMPLAINT section available HERE together with the Product subject to the complaint and proof of conclusion of the Agreement.

5. If the data or information provided in the complaint requires supplementation, before considering the complaint, the Seller shall ask the Customer submitting the complaint to supplement it in the indicated scope.

6. The Seller shall consider the complaint within 14 days from the date of its receipt and shall send to the Customer, to the e-mail address indicated in the form, information on how the complaint was considered.

7. When it is possible to replace or repair the Product, the Seller will notify the Customer and provide all information regarding the further course of action.

8. In the event of a refund, the amount due for the Product purchased by the Customer will be refunded within 14 days of considering the complaint in the manner indicated in the form.

9. The Seller does not accept any parcels sent cash on delivery.

10. A customer purchasing a product for a purpose directly related to their professional or business activity (a customer who is not a consumer) has the right to file a complaint in accordance with the provisions of law, whereby the Seller's liability under the warranty for physical defects of products is limited to the Customer's right to request the removal of the defect or replacement. The Seller, at its discretion, will immediately remove the defect or replace the defective product with a product free from defects. The Seller may also withdraw from the contract by refunding the price paid for the product affected by the physical defect. In the remaining scope, the Seller's liability under the warranty for product defects towards Customers who are not consumers is excluded.

11. Complaints regarding products purchased before February 26, 2025, i.e. before the transfer of the 'Wishbone' brand to the current Seller, will be redirected to the previous owner of the brand. For products purchased from February 26, 2025 onwards, the current Seller is responsible in accordance with these regulations. This provision is temporary and is valid until December 31, 2025, after which it may be removed or modified.



§12

Extrajudicial methods of handling complaints and pursuing claims

1. A customer who is a consumer may use out-of-court methods of handling complaints and pursuing claims, including:

1) may refer the case to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute;

2) may apply to the provincial inspector of the trade inspection with a request to initiate mediation proceedings to amicably resolve the dispute;

3) may use free assistance in matters of out-of-court dispute resolution and claim settlement from district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;

4) may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/ .

§13

Personal data

1. The Seller is the administrator of the personal data of Customers collected via the Online Store.

2. Personal data of Customers collected by the administrator via the Store are collected for the purpose of implementing the Agreement and, if the Customer consents, also for marketing purposes.

3. Personal data are processed on the basis of the Customer's acceptance of the Regulations (at the stage of completing the Delivery and Payment form) and, if necessary, to execute the contract for the Customer, or the legitimate interest of the Administrator (e.g. defense against claims or, in the case of third party data provided by Customers, indication of another person's delivery address).

4. The recipients of personal data of Customers of the Online Store may be:

1) In the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipments on behalf of the Administrator.

2) In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

5. The Customer has the right to access and correct the content of his/her data.

6. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations and necessary to conclude the Agreement results in the inability to conclude the Agreement.

§14

Final provisions

1. Agreements concluded via the Store are concluded in Polish.

2. In matters not regulated in these Regulations, generally applicable provisions of law shall apply.

3. These Regulations enter into force on 25/02/2025 and do not apply to Agreements concluded before the date of their entry into force.

4. The regulations are subject to change.

5. Changes to the Regulations will come into effect after 14 days from the date of posting information about the planned changes on the Store's website and informing customers about their planned introduction via the e-mail addresses they indicated when setting up an account or placing an order.