Rules and Regulations

Rules and Regulations of an online shop Tkaniny Witmar s.c.

General Provisions

These Rules and Regulations define the rules of using the online shop “Witmar Textiles company governed by the civil law” (“Tkaniny Witmar s.c.”). In particular, the conditions of entering into a sales contract and withdrawal from it (placing orders) as well as the principles of the complaints procedure. The owner of the Web portal is WITMAR S.C., registered at Central Registry and Information about Business Activities (CEIDG) run by the Minister of Commerce, REGON no 146747349, with Tax Registration Number (NIP ) 529-180-17-46, later referred to as the “Seller”.
Witmar S.C.
ul.Olszowa 11A
05-825 Grodzisk Maz
email: biuro@tkaniny-witmar.pl
tel.+48 513762952

A Consumer may contact the Company using the addresses and data listed in this clause.

These Rules and Regulations contain:

§1 Definition of the scope of business activities.

§2 Technical requirements necessary for the compatibility with the ITC system.

§3 Conditions of entering into an agreement and withdrawing from it as well as fulfilling customers’ orders.

§4 Principles of the complaint procedure

§5 Processing and protection of personal data

§6 Final stipulations

The following shall be defined as meaning:
Seller – the owner of the website
Consumer– a user or a buyer who is a natural person registering at the Web portal or making a purchase of any of the products or services on the Web portal to the purpose not directly related to his/her business or professional activities.

Web portal—a purchasing online platform managed by the Seller

§1 Definition of the scope of activities

1. The Web portal enables purchase of the products on offer 24/7, the products being automotive upholstery materials and accessories for their installation.
2. The prices given in the Shop are in PLN, Euro, GBP and they are gross prices (including VAT)
3. The final price consists of the price of the product and the cost of delivery mentioned on the Shop’s website.

§2 Technical requirements necessary for the compatibility with the ITC system.

1. The ITC system enables the ordering of goods on offer by using the widely-used software such as Internet browsers, which accept files known as ‘cookies’ e.g. Firefox browser 3 or newer, Opera 9 or newer, Chrome 10 or newer, Internet Explorer 7 or newer or the new version of Safari. The browsers must have the latest version of JAVA. The ITC system’s resolution is responsive and adjusted to the monitor of a Consumer.
2. The Seller may not be held responsible for any technical problems or restrictions, which may occur on a computer or software used by the User to access the ITC system, and which prohibit or impede the use of the ITC system by the User.

§3 Conditions of entering into an agreement and withdrawing from it as well as fulfilling customers’ orders.

1. In order to use the shop, one must learn beforehand what is made available on the shop’s website: purchase rules, price list (prices in PLN, EURO, BBP, including VAT) as well as all provisions contained in these Rules and Regulations.

2. In order to buy a product available on the shop’s website, the User selects an item to the shopping basket.

3. The User may choose e.g. from the following forms of payments :

a. a draft
-an account in PLN : PL 37 1020 1055 00009002 0308 7392
- an account in EURO : PL 45 1020 1055 0000 9202 0362 5985 , BIC-BPKOPLPW
- an account in GBP : PL 45 1020 1055 0000 9202 0389 8178 , BIC-BPKOPLPW
b. COD –Only in Poland
4. Detailed information on acceptable methods of payment can be found on the shop’s website.
5. The contract is concluded the moment a User places an order.
6. The order is fulfilled within 5 days from the conclusion of the contract.

7. A User may choose a proof of purchase from an e-invoice, paper invoice, a receipt, an invoice—in such a case he/she is obliged to fill in a form listing details necessary for drafting of an appropriate document.

8. The ordered goods are delivered by a carrier at the address given in an order form.

9. In case of a complaint, the Seller is held liable in a course of 2 years from the delivery of purchased goods in case the product in question does not conform to the concluded contract, according to §4 of these Rules and Regulations.

10. A Consumer may resign from the product purchased in the Internet shop within 14 days of the delivery of the consignment without giving a reason.

11. The withdrawal from a contract takes place when a Consumer signs a withdrawal from a contract form attached to the product and sends it at the address given by the Seller or sends a notice of withdrawal from a contract by email at biuro@tkaniny-witmar.pl
The above-mentioned statement of will to withdraw from a contract does not exclude other means of making such a statement, providing it sufficiently expresses the will of a Consumer.
12. The Seller , in case a Consumer executes his/her right to withdraw from a contract, reimburses immediately, but not later than in 14 days from receiving a notice of withdrawal, all payments done by him/her, including the cost of product delivery, with exception of, see Art. 13 of this clause.

13. The Seller reimburses the payment by the same means as used by a Consumer, except if a Consumer clearly agreed to another means of reimbursing the payment, which is cost-free for him/her.
14. A Consumer incurs only direct costs of returning the goods, meaning in particular, the cost of sending the goods back to the Seller (according to the rule expressed in the ruling of ECJ in the C-511/08 case and according to the governing provisions of law).
15. If a Consumer chose a mode of delivery of goods different from the cheapest way offered by the Seller, the Seller is not obliged to reimburses a Consumer any additional costs incurred by him/her.
16. The Seller immediately gives a Consumer a proof of receipt of a notice of withdrawal by email—using an email address indicated by a Consumer or via other means of communication, if using email is not possible.
17. According to Art.38 of the Rights of a Consumer Act , the withdrawal from a contract is not possible in case of goods, return of which would be unacceptable due to hygienic reasons as well as not prefabricated goods, used to satisfied individual needs of a Buyer.

§ 4 Principles of the complaint procedure

1. In case of any defect or incompliance of the goods with the contract, a buyer is entitled to place a complaint by informing the Seller by email at biuro@tkaniny-witmar.pl or by traditional mail at the correspondence address of the internet shop:
Witmar S.C., ul.Olszowa 11A, 05-825 Grodzisk Maz
2. The complaint should contain the following data:
Name and surname
Address for correspondence (including an email address and a telephone number)
subject of complaint
reason for a complaint
signature (only in case of a complaint submitted by mail)
3. Complaints will be dealt with by a Seller immediately.
4. The User will be informed of the result of the complaint procedure by email indicated in the complaint document placed by a Buyer, and in case of a paper document –at the address indicated by a User.
5. If the complaint is accepted, the Seller is obliged to agree on the date and mode of fixing the goods or else exchange the goods for goods free of defects –and if this is not possible—to reduce the price.
6. If the defect of sold goods is major, a Consumer has a right to withdraw from a contract.

§5 Processing and protection of personal data

1. The Seller, who is an administrator or personal data, protects personal data of Users. Data given by a User may be used only for purposes defined in the Rules and Regulations for the purpose of fulfilling a placed order and for purposes defined in the Policy of Privacy, available at www.tkaniny-witmar.pl/polityka-prywatnosci/

§6 Final provisions

1. These Rules and Regulations are in force from the day they were made available on the Internet website and constitute an integral part of a contract concluded with a User. The latest version of the Rules and Regulations is available for a User at a Rules and Regulations page www.TwojaStrona.pl/Regulamin
2. The Seller reserves the right to change these Rules and Regulations. A User will be notified of the changes to these Rules and Regulations by email 30 days before the changes become binding. The changes to the Rules and Regulations may not deteriorate the legal position of Consumers entering into a contract on the basis of the previous version of the Rules and Regulations.
3. Any Order, which was being processed before the new Rules and Regulations came in force , will be completed according to rules in the previous version of the Rules and Regulations.
4. In cases not regulated by these Rules and Regulations, Polish provisions of law are binding, in particular Civil Code provisions (Journal of Laws 1964 no 16 item 93), Act on Supplying Services by Electronic Means (Journal of Laws 2001 no 144 item 1204), Consumer Rights Act (Journal of Laws 2014 item 827), as well as an Act of 29 August 1997 on Protection of Personal Data (Journal of Laws 1997 no 133 item 883)
5. A Consumer may select to use out of court means of examining complaints and claiming damages. Detailed information may be obtained from a local district or city Consumer ombudsman or at the following Internet addresses:

– http://www.prawakonsumenta.uokik.gov.pl/
– http://ezakupy.uokik.gov.pl/
– https://uokik.gov.pl/

Advisement on the withdrawal from a contract

The right to withdraw from a contract

You have the right to withdraw from a contract within 14 days without giving any reason.

The deadline passes after 14 days from the day you took possession of goods or a third party other than a carrier and indicated by you took possession of the goods.

In order to exercise the right to withdraw from a contract, you have to inform us (Witmar S.C., ul.Olszowa 11A, 05-825 Grodzisk Maz., email: biuro@tkaniny-witmar.pl, tel. +48 501 413 494) about your decision to withdraw from a contract in the course of unequivocal statement (for example in a document sent by post, fax or email).

You may use a withdrawal from a contract form but it is not obligatory.

You may also fill in and send a withdrawal from a contract form or other unequivocal statement of will to withdraw from a contract by email on our Internet website www.tkaniny-witmar.pl. If you choose this option, we will immediately send you a confirmation of a receipt of information on the withdrawal from a contract on a durable medium (for example by email)

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal from a contract:

In case you withdraw from a contract, we reimburse you all payments we received from you, including the cost of delivery (except for additional costs resulting from your choice of a method of delivery other than the usual cheapest one offered by us), immediately, and in any case no later than in 14 days from the day we were informed about your decision to exercise your right to withdraw from this contract.

We will reimburse your payment by the same means as used by you in the original transaction, unless you clearly agreed to another solution; in any case, you will not incur any payment related to this return of goods.

We may refrain from reimbursing your payment until we have received the goods or until you have submitted to us evidence that you have sent back the goods, depending on which event is first.

Please return the goods immediately, and in any case, not later than 14 days from the day you informed us about your decision to withdraw from this contract. The deadline is met when you send back the goods before the expiry of the deadline of 14 days.

You will have to incur direct costs of the return of goods. You are only liable for depreciation in value of goods resulting from using them in a different way than was necessary to establish the nature, characteristics and the functioning of the goods.

According to Art.38 of the Rights of a Consumer Act , the withdrawal from a contract is not possible in case of goods, return of which would be unacceptable due to hygienic reasons as well as not prefabricated goods, used to satisfied individual needs of a Buyer.

WITHDRAWAL FROM A CONTRACT FORM

(this form should be filled in and send back only if you have the intention to withdraw from a contract)

– Company’s data: WITMAR S.C., with headquarters at: ul. Olszowa 11 A registered at Central Registry and Information about Business Activities (CEIDG) run by the Minister of Commerce, REGON no 146747349, with Tax Registration Number (NIP ) 529-180-17-46, e-mail: biuro@tkaniny-witmar.pl, telephone no: + 48 501 413 494

-- I/we* in this document inform* you about my/our withdrawal from a contract to sell the following goods*

--Date of receipt of goods

--Consumer’s/ Consumers’ name and surname

– Consumer’s/ Consumers’ address

-- Consumer’s/ Consumers’ signature (only if the form is on paper)

– Date

* delete as appropriate