Terms and conditions of online store
1. These Terms and Conditions define the rules, general conditions and manner of sales conducted by AJ GROUP Sp. z o.o. with its registered office in Modła Królewska by means of the waderspros.com Online store (hereinafter referred to as the "Online store") and specify the terms and conditions of providing free services electronically by AJ GROUP Sp. z o.o. with its registered office in Modła Królewska.
§ 1 Definitions
1. Working days - means the days of the week from Monday to Friday excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order by the Seller to the Customer through the Supplier.
3. Supplier - means the entity with which the Seller cooperates in the scope of delivery of Goods:
a) General Logistics Systems Poland Sp. z o.o. seated in Głuchów
b) InPost Sp. z o.o. with its registered office in Kraków, providing services of delivery and operation of a system of post office boxes (Paczkomat).
4. Password - means a sequence of letter, digital or other characters chosen by the Customer during the Registration process in the Online Store, used in order to secure access to the Customer's Account in the Online Store.
5. Customer - means an entity to whom, in accordance with the Terms and Conditions and legal provisions, electronic services may be provided, or with whom a Sales Agreement may be concluded.
6. Consumer - means a natural person making a legal transaction with the trader which is not directly connected with his/her economic or professional activity.
7. Customer's Account - means an individual panel for each Customer, launched on its behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer's Account service.
8. Login - shall mean an individual designation established by the Customer, consisting of a sequence of letter, digital or other characters, required together with a Password to open a Customer Account in the Online Store. Login is a proper e-mail address of the Customer.
9. Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person and to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
10. Entrepreneur with the rights of a Consumer - shall mean a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
11. Terms and Conditions - means these Terms and Conditions.
12. Registration - means an actual action performed in the manner specified in the Rules, required in order for the Customer to use all the functionalities of the Online store.
13. Seller - means AJ GROUP Sp. z o.o., with its registered office in Modła Królewska, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 9th Commercial Department of the National Court Register under the number KRS 0000064222, with the share capital amounting to 300 000 PLN; e-mail: email@example.com , being at the same time the owner of the Online store.
BDO number - 000117716.
14. Online Store Website - means the website under which the Seller operates the Online store, operating in the domain waderspros.com
15. Goods - shall mean a product presented by the Seller via the Online Store Website which may be subject to a Sales Agreement.
16. Permanent Carrier - shall mean material or tool enabling the Customer or the Vendor to store information addressed personally to him in a manner allowing future access to the information for a period of time adequate to the purposes of such information, and which allows for reproduction of the stored information in an unchanged form.
17. Sales Agreement - means a distance contract of sale, on the terms set out in the Terms and Conditions, between the Customer and the Seller.
§ 2 General Provisions and Use of the Online Store
1. All rights to the Online Store, including the proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to models, forms, logotypes placed on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purpose of presenting goods, the copyrights to which are held by third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Rules and with the consent of the Seller expressed in writing.
4. In order to place an order in the Online Store via the Online Store Website and to use the services provided electronically via the Online Store Website, it is necessary for the Customer to have an active e-mail account.
5. It is forbidden for the Customer to provide unlawful content and use the Online Store, the Online Store Website or free services provided by the Seller, in a manner contrary to the law, morality or violating personal interests of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus and identity protection software for Internet use. The Seller shall never ask the Customer to provide him with a Password in any form.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to complete a free of charge Registration.
2. Registration is not necessary to place an order in the Online Store.
3. For Registration, the Customer should fill in the registration form made available by the Seller on the Online Store Website and send the filled in registration form electronically to the Seller by selecting the appropriate function in the registration form. During the Registration process the Customer sets an individual Password.
4. When filling in the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
5. During the Registration process, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box on the Registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or anticipated recipients of these data.
6. The Customer's consent for processing of his/her personal data for marketing purposes does not condition the conclusion of the agreement for electronic provision of the service of maintaining the Customer's Account with the Seller. Consent can be withdrawn at any time by submitting an appropriate statement of the Customer to the Seller. The declaration can be for example sent to the e-mail address of the Seller.
7. After submitting the completed registration form the Customer receives immediately, by email to the email address given in the registration form, confirmation of Registration by the Seller. At this moment the agreement on provision of electronic services of running a Customer Account is concluded, and the Customer has the possibility to access the Customer Account and make changes to the data provided during the Registration.
§ 4 Orders
1. The information contained on the Online Store Website shall not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers for the conclusion of a sales contract.
2. The Customer may place orders in the Online Store via the Online Store Website 7 days a week, 24 hours a day.
3. The Customer placing an order via the Online Store Website completes the order by selecting the Goods he or she is interested in. The Goods are added to the order by choosing the command "ADD TO CART" under the given Goods presented on the Online Store Website (if applicable, the Customer shall also specify the size of the Goods). The Customer, after completing the entire order and indicating in the "CART" the delivery method and payment method, places the order by sending an order form to the Seller, selecting the "Order and pay" button on the Online Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price of the chosen Goods and Delivery, as well as about all additional costs he or she is obliged to pay in connection with the Sales Agreement.
4. Placing an order is a submission of an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods subject to the order.
5. After placing an order, the Seller shall send to the e-mail address provided by the Customer a confirmation of its acceptance. The information about the confirmation of order acceptance is a statement of the Seller about the acceptance of the offer referred to in §4 item 4 above and at the moment of its receipt by the Customer the Sales Agreement is concluded.
6. After concluding a Sales Agreement, the Seller confirms its Terms and Conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during the Registration or order placement.
§ 5 Payments
1. The prices on the Online Store Website displayed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer shall be obliged to incur in connection with the sale agreement, of which the Customer shall be informed while selecting the manner of delivery and placing the order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) The customer can choose one of the payment methods mentioned on the website: https://waderspros.com /en/content/13-payment-methods
b) In the case of non-payment (3 days) after the Online Store has confirmed the order, the order will be cancelled and the customer will be notified by a message sent to the e-mail address provided by the customer.
3. The Customer is each time informed by the Seller on the Online Store Website about the deadline for making the payment for the order in the amount resulting from the concluded Sales Agreement.
§ 6 Delivery
1. The Seller shall carry out the Delivery in the territory of the Republic of Poland.
2. The Seller shall be obliged to deliver the Goods being the subject of the Sales Contract without defects.
3. The Seller shall publish on the Online Store Website information on the number of working days needed for Delivery and Order processing.
4. The Delivery and Order completion time indicated on the Online Store Website shall be counted in Working Days in accordance with §5(2) of the Terms and Conditions.
5. The Delivery and Order completion time indicated on the Online Store Website is counted in working days from the day of concluding the Sales Agreement if the Customer chooses the "cash on delivery" payment option.
6. The ordered Goods shall be delivered to the Customer by the Supplier to the address indicated on the order form, the designated parcel machine or collection point.
7. On the day of dispatch of the Goods to the Customer, information confirming dispatch by the Seller is sent to the Customer's e-mail address.
8. The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. In case of any defect or damage to the parcel the Customer shall be entitled to demand from the Supplier's employee to draw up an appropriate protocol.
9. The Seller sends to the Customer's e-mail address specified in the order form, a proof of purchase covering the Goods supplied, in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with PDF format. The Seller recommends for this purpose Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com.
In order to receive a VAT invoice, the Customer should declare at the time of purchase that he purchases the Goods as an Entrepreneur (taxpayer). The above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller.
§ 7 Warranty
1. The Seller shall ensure delivery of New Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (obligatory Warranty).
2. If the Goods have a defect, the Customer may:
a) make a statement on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with goods free from defects or removes the defect.
This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Customer may request replacement of the Goods for goods free from defects or, instead of replacement of the Goods, request removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Customer is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of the excessive costs, the value of the Goods free from defects, type and significance of the identified defect shall be taken into account, as well as inconvenience to which the Customer would be exposed in another way of satisfaction.
b) demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Customer.
The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into conformity with the Sales Agreement in a way selected by the Customer is impossible or, in comparison with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
3. The Customer who exercises the rights under this Warranty shall deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer and an Entrepreneur with rights of a Consumer, the cost of delivery is covered by the Seller.
4. The Seller shall be liable under Warranty if a physical defect is found before the lapse of two years from the delivery of the Goods to the Customer. The right to remove the defect or to replace the Goods with Goods free from defects expires after one year, but this period cannot end before the expiry of the deadline specified in the first sentence. Within this time limit, the Customer can withdraw from the Sales Agreement or make a declaration of price reduction due to defects of the Goods. If the Customer demanded replacement of the Goods for defect-free goods or removal of defects, the time limit for withdrawal from the Sales Agreement or making a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of defects.
§ 8 Complaints
1. Any complaints related to the Goods or the performance of the Sales Agreement, the Customer may submit in any form. We prefer a written form to the address of the Seller's seat indicated in §1(12) of the Terms and Conditions.
The Customer may use the Complaint Form provided by the Seller: Complaint Form.
2. The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or complaint related to the performance of the Sales Agreement reported by the Customer.
3. The Customer may submit to the Seller a complaint regarding the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address firstname.lastname@example.org . The Customer should include a description of the problem in the complaint. The Seller immediately, but not later than within 14 days, considers the complaint and provides the Customer with an answer.
§ 9 Guarantee
1. Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of Goods or their distributor.
2. In the case of Goods under guarantee, information on the existence and content of the guarantee is each time presented on the Online Store Website.
§ 10 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Sales Contract may withdraw from it within 14 days without giving any reason.
2. The period for withdrawal from the Sales Agreement shall start from the moment the Goods are taken possession of by the Consumer, the Entrepreneur with rights of the Consumer or a third party indicated by them other than the carrier.
3. A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from a Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the address of the Seller, i.e. AJ Group Sp. z o.o. ul. Bursztynowa 96, 62-571 Modła Królewska, or by e-mail to the address of the Seller, i.e.: email@example.com . The statement can be made on a form, a specimen of which has been placed by the Seller on the website of the Store at the following address: Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline.
5. If the Consumer or Entrepreneur with rights of the Consumer has made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer shall cease to be binding.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of statement of the Consumer or Entrepreneur with rights of the Consumer about withdrawal from the Sales Agreement, return to him the cost of the ordered goods without shipping costs when placing the order. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with rights of the Consumer until receipt of the Goods back
8. A Consumer or an Entrepreneur with the rights of a Consumer shall to return the Goods to the Seller without delay, however, no later than within 14 days from the date of withdrawal from the Sales Agreement. In order to meet the deadline it is sufficient to send back the Goods to the Seller's address before the expiry of this period.
9. In the case of withdrawal, the Customer who is a Consumer or an Entrepreneur with consumer rights shall bear the costs of return.
11. The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain their nature, characteristics and functioning.
12. The Seller shall refund the payment using the same means of payment as the Consumer or Entrepreneur with consumer rights, unless the Consumer or Entrepreneur with consumer rights has expressly agreed to a different method of refund which does not involve any costs to the Consumer.
13. The right of withdrawal from the Sales Agreement does not apply to the Consumer and Entrepreneur with rights of the Consumer in relation to contracts in which the Goods is the thing delivered in sealed packaging which cannot be returned after opening the packaging for health protection or hygienic reasons, if the packaging has been opened after delivery.
§ 11 Free Services
1. The Seller provides free of charge services to the Customers by electronic means:
b) Maintenance of the Customer Account.
2. The services specified in §11 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, of which it will inform the Customers in a manner appropriate for the change of the Terms and Conditions.
4. The Newsletter service shall be available to any Customer who enters his/her e-mail address, using for this purpose the registration form made available by the Seller on the Shop website. After submitting the filled in registration form, the Customer will immediately receive an activation link via email to the email address indicated in the registration form in order to confirm subscription to the Newsletter. As soon as the Customer activates the link, an agreement on Newsletter service provision by electronic means shall be entered into.
The Customer may additionally, during the Registration process, tick the appropriate box in the Registration form in order to subscribe to the Newsletter service.
5. Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who subscribed to it.
6. Each Newsletter addressed to the Customers' data shall contain in particular: information about the sender, filled in "subject" field, defining the content of the message and information about the possibility and manner of resignation from the Newsletter free of charge service.
7. The Customer may unsubscribe from the Newsletter at any time by clicking on the unsubscribe link in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.
8. The Customer Account service is available after registration according to the rules described in the Rules and Terms and Conditions and consists in making available to the Customer a dedicated panel on the Online Store Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
9. A Customer who has made a Registration may report to the Seller a request to remove a Customer Account, however, in the case of a request to remove a Customer Account by the Seller, it may be removed up to 14 days after the request.
10. The Seller is entitled to block access to the Customer's Account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer violates the law or the provisions of the Terms and Conditions, and also when blocking access to the Customer's Account and free services is justified by security reasons - in particular: breaking security of the Shop's website by the Customer or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue which constitutes the basis for blocking access to a Customer Account and free services. The Seller shall notify the Customer about blocking the access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.
§ 12 Personal Data Protection
§ 13 Termination (not applicable to Sale Contracts)
1. Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
2. A Customer who has made the Registration terminates the agreement for provision of services by electronic means by sending an appropriate declaration of will to the Seller, using any means of remote communication allowing the Seller to get acquainted with the Customer's declaration of will.
3. The Seller shall terminate the agreement for provision of services by electronic means by sending an appropriate declaration of will to the Customer at the e-mail address provided by the Customer during Registration.
§ 14 Final Provisions
1. The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the Online Store Website.
3. In the event of any dispute arising from a concluded Sales Agreement, the parties will seek to resolve the matter amicably. Polish law shall be applicable to the resolution of any disputes arising under these Terms and Conditions.
4. The Seller informs the Customer who is a Consumer about the possibility to use out-of-court complaint handling and claim investigation procedures. Rules of access to these procedures are available at the registered offices or websites of entities authorized to out-of-court dispute resolution. They can be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform of the Internet system for dispute resolution between consumers and entrepreneurs at the EU level (ODR platform).Sprzedawca informuje, że pod adresem http://ec.europa.eu/consumers/odr/ dostępna jest platforma internetowego systemu rozstrzygania sporów pomiędzy konsumentami i przedsiębiorcami na szczeblu unijnym (platforma ODR).
5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the date the order was placed by the Customer. The change to the Terms and Conditions comes into force within 7 days of their publication on the Online Store Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by an e-mail message containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions they are obliged to inform the Seller about it, which results in termination of the contract according to the provisions of §13 of the Terms and Conditions.
6. Contracts with the Seller shall be conducted in the Polish language.
7. The Terms and Conditions come into force on 01.06.2022 .