Terms and Conditions

Terms and Conditions of the Wydechowe.pl Online Store

Setting out, among other things, the rules for entering into sales contracts through the Store, and containing key information about the Seller, the Store and Consumer rights.

TABLE OF CONTENTS
 § 1 Definitions
 § 2 Contacting the Seller
 § 3 Technical requirements
 § 4 Shopping in the Store
 § 5 Payments
 § 6 Order fulfilment
 § 7 Right of withdrawal
 § 8 Exceptions to the right of withdrawal
 § 9 Complaints
 § 10 Personal data
 § 11 General provisions
 Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays.
 Account – a free feature of the Store (a service provided electronically), governed by separate terms and conditions, which allows the Buyer to create an individual Account in the Store.
Consumer – a consumer within the meaning of the provisions of the Civil Code.
 Buyer - any entity making purchases in the Store.
 Terms and Conditions – these terms and conditions.
 Store - the Wydechowe.pl online store operated by the Seller at https://www.wydechowe.pl.
Seller - Paulina UNTON, an entrepreneur trading as UNT Paulina Unton, entered in the Central Register and Information on Economic Activity maintained by the minister responsible for the economy and for maintaining the Central Register and Information on Economic Activity, Tax Identification Number (NIP) 5842841174, REGON number 526452031, ul. Lubowidzka 41, 80-174 Gdańsk.

§ 2 CONTACTING THE SELLER

  1. Postal address: ul. Lubowidzka 41, 80-174 Gdańsk
  2. Email address: [email protected]
  3. Telephone: 583801120

§ 3 TECHNICAL REQUIREMENTS

  1. For the Store to function properly, the following are required:
    • A device with Internet access
    • A web browser that supports JavaScript and cookies.
  2. To place an order in the Store, an active email account is required in addition to the requirements set out in paragraph 1.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods displayed in the Store are the total prices for the goods and include VAT.
  2. The Seller points out that the total order price consists of the price of the goods and, where applicable, the delivery costs, as indicated in the Store.
  3. The goods selected for purchase must be added to the shopping cart in the Store.
  4. The Buyer then selects a delivery method and a payment method from those available in the Store, and provides the information necessary to fulfil the order.
  5. The order is placed when the Buyer confirms its details and accepts the Terms and Conditions.
  6. Placing an order constitutes the conclusion of a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than when the goods are delivered.
  8. The Buyer may register in the Store, i.e. create an Account, or make purchases without registering by providing their details each time they place an order.

§ 5 PAYMENTS

  1. Depending on the Buyer’s choice, an order may be paid for:
    1. By standard bank transfer to the Seller’s bank account.
    2. By payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. Through the payment platform:
      • PayU
    4. On delivery, i.e. by card or in cash when the goods are delivered to the Buyer.
    5. By card or in cash when collecting the goods in person.
  2. If payment through the PayU payment platform is selected, the online payment service provider is PayU SA.
  3. If the Buyer chooses payment in advance, the order must be paid for within 7 Business Days of being placed.
  4. The Seller advises that, due to the nature of certain payment methods, payment using those methods is only possible immediately after the order has been placed.
  5. By making purchases in the Store, the Buyer accepts the Seller’s use of electronic invoices. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILMENT

  1. The Seller is obliged to deliver goods free from defects.
  2. The order fulfilment period is indicated in the Store. It ranges from a few days to a dozen or so weeks for made-to-order exhaust systems. The maximum order fulfilment period is 180 days.
  3. If the Buyer chooses payment in advance, the Seller will begin fulfilling the order once payment has been made.
  4. If the Buyer purchases goods with different fulfilment periods within a single order, the order will be fulfilled within the period applicable to the goods with the longest fulfilment period.

  6. Goods purchased in the Store are delivered according to the delivery method selected by the Buyer:
    1. By courier
  7. The Buyer may collect the goods in person at the company’s premises during opening hours.
  8. If the Buyer chooses collection in person, the goods will be ready for collection within the specified order fulfilment period or, if the Seller has specified a dispatch date, by that date.

§ 7 RIGHT OF WITHDRAWAL

  1. Subject to § 8 of the Terms and Conditions, the Consumer has the right to withdraw from a contract concluded with the Seller through the Store within 14 days without giving any reason.
  2. The withdrawal period expires 14 days after the day:
    1. On which the Consumer acquires physical possession of the goods, or a third party other than the carrier and designated by the Consumer acquires physical possession of the goods.
    2. On which the Consumer acquires physical possession of the last item, or a third party other than the carrier and designated by the Consumer acquires physical possession of the last item, in the case of a contract providing for the transfer of ownership of multiple items delivered separately.
    3. On which the contract is concluded, in the case of a contract for the supply of digital content.
  3. To exercise the right of withdrawal, the Consumer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or an email).
  4. The Consumer may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not mandatory.
  5. To meet the withdrawal deadline, it is sufficient for the Consumer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

    EFFECTS OF WITHDRAWAL
  6. If the Consumer withdraws from the contract, the Seller will reimburse all payments received from the Consumer, including delivery costs (except for any additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay and in any event no later than 14 days after the day on which the Seller is informed of the Consumer’s decision to exercise the right of withdrawal.
  7. The Seller will make the reimbursement using the same means of payment as the Consumer used for the original transaction, unless the Consumer agrees otherwise. In any event, the Consumer will not incur any fees as a result of the reimbursement.
  8. The Seller may withhold reimbursement until the goods have been received or until evidence of their return has been provided, whichever occurs first.
  9. The Seller requests that the goods be returned to: ul. Lubowidzka 41, 80-174 Gdańsk, without undue delay and in any event no later than 14 days after the day on which the Consumer informs the Seller of their withdrawal from the sales contract. The deadline is met if the Consumer sends the goods back before the 14-day period expires.
  10. The Consumer bears the direct cost of returning the goods.
  11. The Consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  12. If, due to their nature, the goods cannot normally be returned by post, the Consumer will also have to bear the direct cost of returning them. The Seller will inform the Consumer of the estimated cost in the product description in the Store or during the ordering process.
  13. If it is necessary to refund a transaction made by the Consumer using a payment card, the Seller will make the refund to the bank account linked to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The Consumer does not have the right to withdraw from a distance contract:
    1. For the supply of non-prefabricated goods made to the Consumer’s specifications or clearly personalised to meet the Consumer’s individual needs.
    2. For the supply of goods which are liable to deteriorate or expire rapidly.
    3. For the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
    4. For the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items.
    5. For the supply of sealed audio or video recordings or computer software which were unsealed after delivery.
    6. For the supply of newspapers, periodicals or magazines, except for subscription contracts.
    7. Where the price or remuneration depends on fluctuations in the financial market which are beyond the trader’s control and which may occur before the withdrawal period expires.
    8. For the supply of digital content not supplied on a tangible medium, if performance has begun with the Consumer’s express consent before the withdrawal period expires and after the trader has informed the Consumer that the right of withdrawal will be lost.
  2. An entity other than a Consumer does not have the right to withdraw from a distance contract.

§ 9 COMPLAINTS

  1. If goods are defective, the Buyer may submit a complaint concerning the defective goods under the statutory warranty for defects governed by the Civil Code or under a guarantee, if one has been provided.
  2. Under the statutory warranty for defects, the Buyer may, subject to the rules and time limits set out in the Civil Code:
    1. Submit a statement requesting a price reduction
    2. In the case of a material defect, submit a statement withdrawing from the contract
    3. Request that the goods be replaced with goods free from defects
    4. Request that the defect be remedied
  3. The Seller requests that complaints under the statutory warranty for defects be sent to the postal or email address indicated in § 2 of the Terms and Conditions.
  4. If it becomes necessary to deliver the goods subject to the complaint to the Seller in order to assess the complaint, the Buyer must deliver them to ul. Lubowidzka 41, 80-174 Gdańsk. In the case of a Consumer, delivery will be at the Seller’s expense.
  5. If a guarantee has additionally been provided for the goods, information about it and its terms is available in the product description in the Store.
  6. Complaints concerning the operation of the Store should be sent to the email address indicated in § 2 of the Terms and Conditions.
  7. The Seller will consider the complaint within 14 days.

    OUT-OF-COURT COMPLAINT RESOLUTION AND REDRESS
  8. If the complaint procedure does not produce the outcome expected by the Consumer, the Consumer may, among other things, use:
    1. Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be heard by an arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. Free assistance from a municipal or district consumer ombudsman.
    4. The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

  1. The Seller is the controller of the personal data provided by the Buyer when using the Store.
  2. The Buyer’s personal data is processed on the basis of the contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information on the Seller’s processing of data is provided in the Privacy Policy published in the Store.

§ 11 GENERAL PROVISIONS

  1. The Buyer is prohibited from providing unlawful content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the period and purpose of fulfilling the order.
  3. Contracts entered into under these Terms and Conditions are concluded in Polish.
  4. In the event of a dispute with a Buyer who is not a Consumer, the court with jurisdiction over the Seller’s registered office will have jurisdiction.
  5. No provision of these Terms and Conditions excludes or in any way limits the Consumer’s statutory rights.
  6. The provisions concerning goods apply accordingly to digital content unless the Terms and Conditions regulate these matters separately.

Appendix No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer may, but is not required to, use:



MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)

UNT Paulina Unton
ul. Lubowidzka 41, 80-174 Gdańsk, email address: [email protected]

- I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our contract of sale of the following goods(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

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

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

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

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

- Name of Consumer(s): ..............................................................................................................................

- Address of Consumer(s): ..........................................................................................................................................

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

.............................................................................................
Consumer’s signature
 (only if this form is submitted on paper)


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

(*) Delete as appropriate.