Terms and Conditions

REGULATIONS OF THE ONLINE STORE

SKLEP.WANO.PL

 

CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. COMPLAINT HANDLING PROCEDURE
  7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE CONTRACT
  9. PROVISIONS APPLICABLE TO ENTREPRENEURS
  10. FINAL PROVISIONS
  11. SAMPLE WITHDRAWAL FORM
  12. OUTLET PRODUCTS
 
These Regulation of the Online Store were prepared by lawyers of Prokonsumencki.pl. The online store www.sklep.wano.pl cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
 
1.    GENERAL PROVISIONS
 
1.1.       The Online Store available at the Internet address www.sklep.wano.pl is run by a business under the name WANO Sp. z o.o. entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: conducting business and delivery address: ul. Magazynowa 6, 62-030 Luboń, NIP 7831862400, KRS 0000987026, e-mail address: sklep@wano.pl, telephone number: (+48) 613 072 235.
1.2.       These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3.       The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
1.4.       Definitions:
  • CAPTCHA – a type of security technique on the Seller's Website whose purpose is to allow data filled in by a human being.
  • CHECKBOX – an interactive checkbox that allows you to confirm information that the Online Store Customer has influence over.
  • WORKING DAY – one day from Monday to Friday, excluding public holidays.
  • REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
  • ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - which has concluded or intends to conclude a Sales Agreement with the Seller.
  • CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
  • ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
  • NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
  • PRODUCT - (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected to them in such a way that the absence of the digital content or digital service would prevent its proper functioning), (2) digital content , (3) service (including digital and non-digital service) or (4) right that is the subject of the Sales Agreement between the Customer and the Seller.
  • REGULATIONS – these regulations of the Online Store.
  • ONLINE STORE – the Service Provider's online store available at the following address: www.sklep.wano.pl.
  • SELLER; SERVICE PROVIDER - MICHAŁ WALIGÓRA running a business under the name WANO Sp. z o.o. entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business and address for delivery: ul. Magazynowa 6, 62-030 Luboń, NIP 7832401367, KRS 0000987026, e-mail address: sklep@wano.pl, telephone number: (+48) 613 072 235.
  • SALES AGREEMENT - a Product sales agreement (in the case of movable items and movable items with digital elements), concluded or concluded between the Customer and the Seller via the Online Store.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.
  • SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.
  • CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
  • ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2.    ELECTRONIC SERVICES IN THE ONLINE STORE
 
2.1.       The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
  • Account - using the Account is possible after completing a total of three subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the Checkbox and performing the task indicated by Captcha, (3) clicking the "Create an account" field. In the Registration Form, the Service User must provide the following data: e-mail address and password.
    • The Electronic Account Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@wano.pl or in writing to the following address: ul. Magazynowa 6, 62-030 Luboń.
  • Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes a total of three subsequent steps - (1) completes the Order Form and (2) clicks on the "Order with payment obligation" field on the Online Store website after completing the Order Form - until then, it is possible to modify the entered data yourself ( for this purpose, follow the displayed messages and information available on the Online Store website) and then (3) click on the Online Store website In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), contact telephone number and data regarding the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
    • The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when an Order is placed via it or when the Service User stops placing an Order via it.
  • Newsletter - the Newsletter is used after providing the e-mail address in the "Newsletter" tab visible on the Online Store website to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe me to the newsletter" box. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter.
    • The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@wano.pl or in writing to the following address: ul. Magazynowa 6, 62-030 Luboń.
2.2.       Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (3), (4) enabling cookies and Javascript support in the web browser.
2.3.       The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4.       The complaint procedure regarding Electronic Services is indicated in point. 6. Regulations.
 
3.    TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
 
3.1.       The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.2.       The Product price displayed on the Online Store website is given in Polish zlotys or euros (according to the customer's choice) and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3.       The procedure for concluding a Sales Agreement in the Online Store using the Order Form
  • The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
  • After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4.      The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
 
4.    METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
 
4.1.       The Seller provides the Customer with the following payment methods under the Sales Agreement:
  • Cash on delivery upon delivery (in the case of purchases with delivery within the territory of the Republic of Poland).
  • Payment by card upon personal collection.
  • Payment by transfer to the Seller's bank account.
  • Electronic payments and payment card payments via the Autopay.pl website                                                          - possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the websitehttps://www.autopay.pl/.
    • Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer's choice via the Autopay.pl website. Electronic and payment card payments are handled by:
      • Autopay.pl – AUTOPAY SPÓŁKA AKCYJNA with its registered office in Sopot (registered office address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered into the Register of Entrepreneurs of the National Court Register under the number: 0000320590, registration files kept by the District Court Gdańsk - Północ in Gdańsk, share capital in the amount of PLN 2,205,500.00 fully paid, NIP: 5851351185.
4.2.       Termin płatności:
  • If the Customer chooses to pay by bank transfer, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
  • If the Customer chooses to pay cash on delivery upon receipt of the shipment or to pay by card upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.
5.    COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
 
5.1.       Delivery of the Product is available within the territory of the Republic of Poland and abroad.
5.2.       Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3        In the case of large-sized and quantity goods, please consult us by phone before placing an order to determine the appropriate form of delivery.
5.4.       Personal collection of the Product by the Customer is free of charge.
5.5.       The Seller provides the Customer with the following methods of delivery or collection of the Product:
  • Courier delivery, cash on delivery courier delivery.
  • Parcel locker delivery
  • Pallet shipment
  • Personal collection available at: ul. Magazynowa 6, 62-030 Luboń – on Business Days, from 09:00 to 15:30.
5.6.       The delivery time of the Product to the Customer is up to 70 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 70 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
  • If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
  • If the Customer chooses the cash on delivery method of payment - from the date of conclusion of the Sales Agreement.
5.7.    Deadline for the Product to be ready for collection by the Customer - if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 70 Business Days, unless a shorter deadline is specified in the description of a given Product or when placing the Order. In the case of Products with different readiness for collection dates, the readiness for collection date is the longest given date, which, however, cannot exceed 70 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:
  • If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
  • If the Customer chooses the card method upon personal collection - from the date of conclusion of the Sales Agreement.
6.    COMPLAINT HANDLING PROCEDURE
 
6.1.       This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2.       A complaint may be submitted, for example:
  • in writing to the following address: ul. Magazynowa 6, 62-030 Luboń;
  • in electronic form via e-mail to the following address: sklep@wano.pl.
6.3.       The Product may be sent or returned as part of a complaint to the following address: ul. Magazynowa 6, 62-030 Luboń.
6.4.       It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract; (2) requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5.       If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
6.6.       The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
6.7.       The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8.       The basis and scope of the Seller's statutory liability are specified in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .). Additional information regarding the Seller's liability for the compliance of the Product with the Sales Agreement provided for by law is provided below:
  • In the event of a complaint about a Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
  • In the event of a complaint about a Product - a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9.       In addition to the statutory liability, a warranty may be granted for the Product - this is a contractual (additional) liability and can be used when the Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including details of the entity responsible for implementing the warranty and the entity authorized to use it, are available in the description of the warranty, e.g. in the warranty card or elsewhere regarding the granting of the warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies provided by and at the expense of the Seller and that the warranty does not affect these legal remedies.
6.10.    The consumer provisions contained in point 6.8.2 of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed. its business activities, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
 
7.    OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
 
7.1.        Methods of resolving disputes without court participation include (1) enabling the parties' positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2.        There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail - by sending a message to the address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3.       The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
 
 
8.    RIGHT TO WITHDRAW FROM THE CONTRACT
 
8.1.       A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
  • in writing to the following address: ul. Magazynowa 6, 62-030 Luboń;
  • in electronic form via e-mail to the following address: sklep@wano.pl.
8.2.       The Product - movable items may be returned as part of the withdrawal from the contract to the following address: ul. Magazynowa 6, 62-030 Luboń.
8.3.      A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations. The consumer may use the template form, but this is not obligatory.
8.4.       The deadline for withdrawal from the contract begins:
  • for a contract under which the Seller issues the Product, being obliged to transfer its ownership - from the consumer or a third party designated by him other than the carrier taking possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first Product;
  • for other contracts - from the date of conclusion of the contract.
8.5.       In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6.       Products - movable items, including movable items with digital elements:
  • The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - movable items, including movable items with digital elements (except additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return. , depending on which event occurs first.
  • In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. In the case of Products that cannot be returned by regular mail (oversized shipments), the consumer may incur higher costs of returning them, in accordance with the following sample price list of one of the carriers: https://www.dhl.com/content/dam/dhl/local/pl/dhl-parcel/documents/pdf/pl-parcel-cennik-standardowy.pdf.
  • The Consumer is responsible for reducing the value of the Product - a movable item (including movable items with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7.       The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
  • (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior 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 contract, and has accepted this is for your information; (2) 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 contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - 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 ; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in in relation to additional services or Products; (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) concluded by public auction; (10) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (11) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (12) for the provision of services for which the consumer is obliged to pay a price, in the case of which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.       The consumer provisions contained in this point 8 of the Regulations apply to contracts concluded from January 1, 2021 also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that he/she does not have for this person of a professional nature, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
 
9.    PROVISIONS APPLICABLE TO ENTREPRENEURS
 
9.1.       This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date also on a natural person concluding a contract directly related to its business. economic, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
9.2.       The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.        The Seller's liability under the warranty for the Product or lack of compliance of the Product with the Sales Agreement is excluded..
9.4.       The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5.       The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6.      The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User an appropriate statement.
9.7.       The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.
9.8.       Any disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
 

10. PRODUCT REVIEWS

10.1. The Seller does not provide access to customer reviews of the Products.

 
11. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS

11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act in relation to the Online Store and the Service Provider.
The Service Recipient is, as a rule, not obliged to provide any content while using the Online Store unless these Terms require certain data to be entered (e.g., data necessary to place an Order).
The Service Recipient may be given the option to post a review or comment in the Online Store using tools made available for that purpose by the Service Provider.
Whenever the Service Recipient provides any content, they are obliged to comply with the rules set out in these Terms and Conditions.

11.2. CONTACT POINT. The Service Provider designates the e-mail address sklep@wano.pl as a single contact point.
This contact point enables direct communication between the Service Provider and the competent authorities of the Member States, the European Commission, and the European Board for Digital Services, and also allows service recipients (including Service Recipients) to communicate directly, rapidly, and in a user-friendly manner with the Service Provider by electronic means, for the purposes of applying the Digital Services Act.
The Service Provider indicates Polish and English as the languages of communication with its contact point.

11.3. Procedure for reporting Illegal Content and actions pursuant to Article 16 of the Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider the presence of specific information that such person or entity considers to constitute Illegal Content by sending an e-mail to sklep@wano.pl. 

11.3.2. The notification should be sufficiently precise and adequately substantiated.
To this end, the Service Provider enables and facilitates the submission of reports containing all of the following elements to the above e-mail address:
(1) a sufficiently reasoned explanation of why the person or entity alleges that the reported information constitutes Illegal Content;
(2) a clear indication of the exact electronic location of the information, such as the precise URL address or addresses, and, where applicable, additional information allowing identification of the Illegal Content, depending on the nature of the content and the type of service concerned;
(3) the name and e-mail address of the person or entity submitting the report, except in cases involving information considered to relate to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and
(4) a statement confirming that the person or entity submitting the report has a good-faith belief that the information and allegations contained therein are accurate and complete.

11.3.3. A report referred to above shall be deemed to give rise to actual knowledge or awareness within the meaning of Article 6 of the Digital Services Act in respect of the information concerned if it enables the Service Provider, acting with due diligence, to determine—without detailed legal analysis—the illegal nature of the activity or information.

11.3.4. If the notification includes the electronic contact details of the person or entity that submitted it, the Service Provider shall, without undue delay, send that person or entity an acknowledgment of receipt.
The Service Provider shall also, without undue delay, inform such person or entity of its decision regarding the information concerned and provide information about the available means of appeal.

11.3.5. The Service Provider shall examine all notifications received under the above mechanism and shall take decisions regarding the information concerned in a timely, non-arbitrary, and objective manner, acting with due diligence.
If automated means are used for such examination or decision-making, the Service Provider shall include information about such use in the notification referred to in the preceding paragraph.

11.4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store with regard to information provided by Service Recipients.

11.4.1. The following rules apply to Service Recipients when providing any content within the Online Store:

11.4.1.1. The obligation to use the Online Store, including when posting content (e.g. reviews or comments), in accordance with its intended purpose, these Terms and Conditions, the law, and good practices, while respecting personal rights, copyrights, and intellectual property rights of the Service Provider and third parties;

11.4.1.2. The obligation to enter content that is factually accurate and not misleading;

11.4.1.3. The prohibition of providing unlawful content, including Illegal Content;

11.4.1.4. The prohibition of sending unsolicited commercial information (spam) through the Online Store;

11.4.1.5. The prohibition of providing content that violates generally accepted rules of netiquette, including vulgar or offensive material;

11.4.1.6. The obligation to hold all required rights and permissions—where necessary—for providing such content on the Online Store’s website, in particular copyrights or relevant licences, authorisations, and consents for its use, distribution, availability, or publication, including the right to publish and distribute the content on the Online Store and to use or distribute any image or personal data in the event that the content includes the image or personal data of third parties;

11.4.1.7. The obligation to use the Online Store in a manner that does not endanger the security of the Service Provider’s, the Online Store’s, or third parties’ ICT systems.

11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store’s website.
Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or following a received notification, in order to detect, identify, and remove Illegal Content or other content inconsistent with the Terms and Conditions, or to prevent access to it, or to take necessary measures to comply with EU or national law consistent with EU law, including the Digital Services Act, or with the provisions of these Terms and Conditions.

11.4.3. The moderation process may be performed manually by a human moderator or rely on automated or semi-automated tools assisting the Service Provider in identifying Illegal Content or other content inconsistent with the Terms and Conditions.
Upon identifying such content, the Service Provider shall decide whether to remove or restrict access to it, or to otherwise limit its visibility, or to take other actions deemed necessary (e.g., contact the Service Recipient to clarify concerns and request content modification).
The Service Provider shall clearly and understandably inform the Service Recipient who provided the content (if contact details are available) of its decision, the reasons for it, and the available means of appeal.

11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties concerned, including service recipients, in particular the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

11.5. Any comments, complaints, appeals, or objections regarding decisions or actions, or omissions, taken by the Service Provider on the basis of a received report or decision made pursuant to these Terms and Conditions, may be submitted in the same manner as the complaint procedure specified in Section 6 of the Terms and Conditions.
This procedure is free of charge and enables the submission of complaints electronically to the e-mail address provided.
The use of this procedure is without prejudice to the right of any person or entity to initiate judicial proceedings and does not affect any other rights.

11.6. The Service Provider shall handle all comments, complaints, appeals, or objections regarding its decisions, actions, or omissions promptly, in a non-discriminatory, objective, and non-arbitrary manner.
If a complaint or other submission provides sufficient grounds for the Service Provider to determine that its decision not to act on a notification was unjustified, or that the information concerned is neither illegal nor inconsistent with the Terms and Conditions, or provides evidence that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision to remove or restrict access to the content or otherwise limit its visibility, or take other appropriate actions.

11.7. Service Recipients, persons, or entities who have reported Illegal Content and are affected by decisions of the Service Provider regarding Illegal Content or content inconsistent with the Terms and Conditions shall have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State in order to resolve disputes concerning such decisions, including complaints not resolved within the Service Provider’s internal complaint-handling system.

 
12. FINAL PROVISIONS

12.1. Contracts concluded through the Online Store shall be concluded in Polish or English.

12.2. Amendment of the Terms and Conditions:

12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, such as: amendments to the law; changes in payment or delivery methods or deadlines; compliance with legal or regulatory obligations; modification of the scope or form of Electronic Services; addition of new Electronic Services; or the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity risks—to the extent that such changes affect the implementation of these Terms.

12.2.2. Notification of proposed amendments shall be sent at least 15 days prior to their effective date, except where the Service Provider:
(1) is subject to a legal or regulatory obligation requiring amendment of the Terms in a manner preventing compliance with the 15-day notice period; or
(2) must exceptionally amend the Terms to address an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity risks.
In these latter cases, the amendment shall take effect immediately unless a longer implementation period is possible or necessary, in which case the Service Provider shall duly inform the Service Recipients.

12.2.3. In the case of continuous contracts (e.g. provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed amendments. Such termination shall take effect 15 days after receipt of the notice.
For continuous contracts, the amended Terms shall be binding on the Service Recipient if they were properly notified within the notice period and did not terminate the contract within that period.
The Service Recipient may also accept the changes at any time after receiving notice thereof, thereby waiving the remainder of the notice period.
For contracts other than continuous contracts, the amendments to the Terms shall not affect rights acquired by the Service Recipient prior to the effective date of the amendments, particularly they shall not affect Orders already placed or executed.

12.2.4. If the amendment introduces any new fees or increases existing ones, the consumer shall have the right to withdraw from the contract.

12.3. Pursuant to the Act of 24 April 2009 on Batteries and Accumulators (Journal of Laws 2009 No. 79, item 666, as amended), the Seller is obliged to accept used batteries and accumulators from Customers who are end users within the meaning of that Act.

12.4. As a distributor of equipment within the meaning of Article 4(2) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws 2015, item 1688, as amended), the Seller provides the following information:

12.4.1. It is prohibited to dispose of waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. Holders of waste equipment from households are obliged to deliver it to a collection point or an entity authorised to collect such waste.

12.4.2. The Seller is obliged to collect, free of charge, waste equipment from households at its sales points, provided that the waste equipment is of the same type and served the same function as the equipment sold.

12.4.3. When delivering equipment intended for household use to the Customer, the Seller is obliged to collect, free of charge, waste equipment from households at the place of delivery, provided that the waste equipment is of the same type and served the same function as the delivered equipment.
Customers wishing to return such waste equipment must notify the Seller electronically via e-mail at sklep@wano.pl.

12.4.4. Waste equipment returned to the Seller must be complete and properly prepared for shipment in a manner ensuring safe transport.
The Seller has the right to refuse acceptance of waste equipment if, due to its contamination, it poses a threat to the health or life of the Seller or persons authorised to handle it.

12.4.5. Information about collection points for waste equipment throughout Poland is available via the search tool on the register of entities (BDO) at: https://rejestr-bdo.mos.gov.pl/.

12.5. In matters not regulated herein, the applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

 

13. MODEL WITHDRAWAL FORM

(Annex 2 to the Consumer Rights Act)

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

– Addressee:
sklep.wano.pl
ul. Magazynowa 6, 62-030 Luboń
sklep@wano.pl

– I/We() hereby give notice of my/our() withdrawal from the contract for the sale of the following goods() / for the supply of the following goods() / for the contract for work consisting in the manufacture of the following goods() / for the provision of the following service()

– Date of conclusion of the contract() / receipt()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is submitted on paper)

– Date

(*) Delete as appropriate.

 
14. OUTLET PRODUCTS
14.1. Items marked as OUTLET are end-of-line, exhibition, or dismantled products.

14.2. Such items may show signs of use or differ from current models.

14.3. OUTLET products are sold at reduced prices and are not covered by the manufacturer’s warranty or the right of withdrawal, in accordance with Article 38(5) of the Consumer Rights Act.