Statute
§ 1
Preliminary provisions
1. The Wishbone online store, available at www.wishbone.pl , is run by:
Hanna Sierańska and Dagmara Sierańska running a business in the form of a civil partnership under the name Wishbone sc, based in Warsaw (03-448), ul. Targowa 76 lok. 17, NIP: 1132922607, REGON: 365819970.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
§ 2
Definitions
1. Store - online store run by the Seller at the Internet address - www.wishbone.pl
2. Seller - Hanna Sierańska and Dagmara Sierańska, running a business in the form of a civil partnership under the name Wishbone sc, based in Warsaw (03-448), ul. Targowa 76 lok. 17, NIP: 1132922607, REGON: 365819970. 3.
Consumer - a natural person concluding an Agreement with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activities on its own behalf, and using the Store.
5. Customer – Consumer or Entrepreneur concluding a contract via the Store.
6. Agreement - a sales agreement concluded remotely with the Customer as part of an organized system for 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 up to and including the conclusion of the contract.
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 - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the 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 delivery costs in connection with the conclusion of the Agreement.
11. Account - a customer account in the Store, which collects data provided by the Customer and information about 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 placing an Order, in particular by adding Products to the Cart and specifying the terms of the Agreement, including the method of delivery and payment.
14. Cart - an element of the Store's 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
Wishbone sc
street Beskidzka 317
43-376 Godziszka
contact@wishbone.pl
ING bank account number: 17 1050 1025 1000 0092 3419 8217
§ 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 functionalities of the wishbone.pl online store, including registration and placing orders for Products, an active e-mail account is required.
§ 5
General information
1. Getting to know 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 the 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 is not responsible for any disruptions, including interruptions in the operation 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 Product delivery costs.
6. The Seller delivers the Products within the European Union.
7. Delivery is subject to payment and 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 choice of e-mail address as login and password.
2. Creating an Account in the Store is free of charge.
3. Logging in to the Account is done by providing the e-mail address as login and password provided in the Registration Form.
4. At any time, the Customer may request the Seller to delete the Account without giving a reason and without incurring any fees.
5. The Customer sends the request to delete the Account 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 performing 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 of placing an Order without having to log in by clicking the "add to cart" icon and completing the indicated data necessary to complete the Order.
3) Selecting the payment method available in the Store by clicking the appropriate icon.
4) Selecting the delivery method available in the Store or using the option of personal collection by clicking the appropriate icon.
5) Clicking the "order" icon, which expresses 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 the Account or placing an order without the need to log in.
3. If the Seller cannot complete 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 was not delivered to the Seller or was damaged or lost, then the Seller will immediately notify the Customer and will refund the price received or provide a substitute service of the same value as the price paid - at the Customer's discretion and with the consent of the Customer.
§ 8
Delivery and payment methods offered
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, 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. If you choose a courier shipment on delivery, the Customer is obliged, in the event of failure to collect the shipment with the Product, to reimburse the Seller for the costs of sending a courier shipment on delivery.
3. The place of performance under the Agreement by the Seller is the place where the Product will be collected (and in case of doubt, the place where the Product should be collected as indicated by the Customer).
4. The Seller informs the Customer about the price and delivery costs in the Order summary before the Customer places it.
5. When placing an Order, the Customer may use the following payment methods:
1) Payment upon personal collection
2) Cash on delivery
3) Payment by transfer to the Seller's account indicated in § 3
4) Electronic payments
5) Payment by payment card.
6. In the case of the choice specified in section 4 point c. The Customer is obliged to pay the Price together with any delivery costs within 5 business days, otherwise the Seller will withdraw from the Agreement after a prior request to the Customer for payment sent to the e-mail address provided by the Customer when opening an account or placing an Order.
7. The payment date is considered to be the date when the price is credited to the Seller's bank account indicated in § 3.
§ 9
Shipment
1. The Seller undertakes to send the Product within 14 business days at the latest
1) From the recognition of the price and possible delivery costs on the Seller's account indicated in § 3.
2) From the conclusion of the Agreement if you choose cash on delivery or personal collection
§ 10
Right to withdraw from the contract
1. Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Customer who is a consumer who concluded the Agreement may, within fourteen (14) days from the date of receipt of the Product, withdraw from contract without giving a reason, by submitting a declaration of withdrawal from the contract to the Seller.
2. Withdrawal from the contract may be made by submitting a declaration of withdrawal from the contract or by completing the 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 along with proof of conclusion of the contract.
3. In order to meet the deadline for withdrawing from the Agreement, the declaration of withdrawal from the Agreement should be sent in the manner indicated in section. 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 considered void in relation to the Product from which the Consumer withdrew from purchasing.
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 items in the manner indicated in the declaration of withdrawal.
6. In the event of withdrawal from the Agreement, the Product should 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 the receipt of the Product from the Consumer.
9. If the deadlines for withdrawal from the contract specified in this article are exceeded, the Seller will send the returned Product back to the Consumer at his expense. Failure by the Customer to follow the procedure for withdrawing from the Agreement described above may result in a significant delay in completing the procedure for withdrawing from the Agreement, and thus in ordering the refund of funds due to the Customer.
10. The Consumer is not entitled to withdraw from a distance contract in relation to the Contract:
1) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs,
2) in which 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) in which the subject of the service is an item that deteriorates 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 service that after the Seller has completed the service, he 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 to withdraw from the Agreement,
6) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control,
8) 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,
9) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
10) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract,
§ 11
Complaint and warranty
1. All Wishbone products are covered by a 180-day warranty from the date of purchase. This warranty covers all defects resulting from the manufacturer's fault.
2. The warranty does not cover:
1) discounted products
2) defects due to 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 submit a complaint to the Seller, in particular in the event of non-compliance of the Product with the Agreement or defects of the Product, as well as if the Seller's actions are carried out incorrectly or inconsistent with the provisions of the Regulations.
4. A complaint may be submitted by sending the completed form in the COMPLAINT section, available HERE, together with the Product subject to complaint and proof of conclusion of the Agreement, to the address indicated in § 3.
5. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller asks the Customer submitting the complaint to supplement it in the indicated scope.
6. The Seller recognizes the complaint within 14 days from the date of its receipt and sends the Customer information on how to handle the complaint to the e-mail address provided in the form.
7. When replacement or repair of the Product proves possible, the Seller will notify the Customer and provide all information regarding further proceedings.
8. In a case that justifies a refund, the amount 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 shipments sent cash on delivery.
10. A customer purchasing a product for purposes directly related to his professional or business activity (a customer who is not a consumer) has the right to submit a complaint in accordance with the provisions of law, while the Seller's liability under the warranty for physical defects of the products is limited to the customer's right to demand removal of the defect. or exchange. The Seller, at its discretion, will immediately remove the defect or replace the defective product with a defect-free one. The Seller may also withdraw from the contract by refunding the price paid for the product affected by a physical defect. In other respects, the Seller's liability under the warranty for product defects towards Customers who are not Consumers is excluded.
§ 12
Out-of-court methods of dealing with complaints and pursuing claims
1. A customer who is a consumer may use out-of-court methods of dealing with complaints and pursuing claims, including:
1) may refer the case to the permanent consumer arbitration court operating at the trade inspection with a request to resolve the dispute;
2) may request the voivodeship inspector of trade inspection to initiate mediation proceedings to amicably resolve the dispute;
3) may use free assistance in out-of-court methods of resolving disputes and pursuing claims from district (municipal) consumer ombudsmen and social organizations 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 administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data 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 is processed on the basis of the Customer's acceptance of the Regulations (at the stage of completing the Delivery and Payment form) and if it is necessary to perform 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 Online Store Customers may be:
1) In the case of a Customer who uses the courier delivery method in the Online Store, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary carrying out the shipment at the request of the Administrator.
2) In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer's collected personal data to the selected entity handling the above payments in the Online Store.
5. The customer has the right to access and correct his data.
6. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Agreement results in the inability to conclude this Agreement.
§ 14
Final Provisions
1. Agreements concluded through 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 June 10, 2020 and do not apply to Agreements concluded before the date of its entry into force.
4. The regulations may be changed.
5. Changes to the Regulations will become effective after 14 days from 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 creating an account or placing an order.