Section 1: Preliminary Provisions and Definitions
1.1. Vendor details
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Online store operating at https://reptishop.pl (hereinafter referred to as the “Store“) is operated by WRAITH SOLUTIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in Geodetów 176 05-500 Piaseczno, VAT ID: 5272987483, REGON: 521112922
, entered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000950048.
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Contact with the Seller is possible through:
- email to: kontakt@wraithracks.com
- phone number: +48 883 032 695
1.2. Scope of the Regulations
- These Regulations set out the rules for:
a) using the Online Store,
b) placing orders for Products available in the Store,
c) concluding sales agreements for Products,
d) providing electronic services by the Seller. - Each Customer is obliged to read the content of these Regulations before placing an Order and is bound by them during the execution of the contract.
- The Rules and Regulations are made available free of charge on the Store’s website in a manner that allows its acquisition, reproduction and recording of its content by printing or saving on a carrier at any time.
1.3. Definitions
The terms used in these Regulations shall mean:
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Seller – the entity indicated in paragraph 1.1. of these Regulations.
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Customer – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, making purchases in the Store.
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Consumer – a natural person making a legal transaction with the Seller (e.g., conclusion of a sales contract) not directly related to his economic or professional activity.
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Entrepreneur on the rights of the consumer – a natural person who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
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Online Store (Store) – the Internet service operated by the Seller at the following address https://reptishop.pl, through which the Customer may place Orders.
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Product – a movable item, service or digital content available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
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Sales Contract – a contract of sale of a Product concluded remotely between the Customer and the Seller through the Store.
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Order – a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Sales Agreement.
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Account – an electronic service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the Seller’s ICT system, where the data provided by the Customer and information about the Orders placed by him are collected.
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Newsletter – an electronic service provided by the Seller, consisting of sending, with the consent of the Client, periodic information about Products, news and promotions to the provided e-mail address.
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Business day – one day from Monday to Friday, excluding public holidays.
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Regulations – this document.
Item 2: Services Provided Electronically
2.1. Types of services
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The Seller provides via the Store free electronic services, such as:
a) Order Form – allowing to place an Order.b) Maintaining a Customer Account – enabling the storage of Customer’s data and history of its Orders.
(c) Newsletter – a service for sending commercial and marketing information.
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The listed services are provided 7 days a week, 24 hours a day.
2.2. Terms and conditions for the provision and termination of contracts for the provision of electronic services
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The contract for the provision of services involving the use of the Order Form is of a one-time nature and is terminated when the Order is placed or when the Customer discontinues placing the Order.
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The contract for the provision of services consisting in maintaining an Account is concluded for an indefinite period of time.
a) Registration of an Account is voluntary and requires filling in the registration form, providing an e-mail address and setting a password.
b) The Customer may remove the Account at any time, without giving any reason and without incurring any costs, by sending an appropriate request to the Seller, in particular via e-mail to the address: kontakt@wraithracks.com. Deletion of the Account does not affect the execution of already concluded sales contracts. -
The Newsletter service contract is concluded for an indefinite period of time.
a) Newsletter subscription is voluntary and is done by providing an e-mail address in the appropriate field on the Store’s website and expressing consent to receive commercial information.
b) The Customer may unsubscribe from the Newsletter at any time, without giving any reason and without incurring costs, by clicking on the deactivation link included in each e-mail sent as part of this service or by sending an appropriate request to the Seller. -
The customer is obliged to use the Store in a manner consistent with the law and good morals, in particular, not to provide unlawful content.
2.3. Technical requirements
- In order to properly use the Store, including browsing the assortment and placing Orders, it is necessary to meet the following minimum technical requirements:
a) having a device with access to the Internet (computer, tablet, smartphone);
b) active and correctly configured web browser in the current version (e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Safari) with cookies and JavaScript enabled;
c) having an active electronic mail (e-mail) account. - The Seller shall not be liable for disruptions in the operation of the Store resulting from the Customer’s failure to meet the above technical requirements.
Section 3: Rules for Placing Orders and Concluding a Sales Contract.
3.1. Product Information
- All Products offered in the Store are brand new, free from physical and legal defects and have been legally introduced into the Polish market.
- Prices of Products given on the pages of the Store are gross prices (including VAT) and are expressed in Polish zloty (PLN).
- The quoted prices do not include delivery costs, which are added to the value of the Order and communicated to the Customer during its placement. The total value of the Order includes the price of the Product and delivery costs.
- Information about the Products given on the pages of the Store, in particular their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, and not an offer.
3.2. Ordering process
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The Customer can place Orders in the Store 7 days a week, 24 hours a day.
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In order to place an Order, the Customer should do at least the following:
a) add the selected Product or Products to the shopping cart;
b) proceed to the Order form;
c) fill in the Order form, providing the data necessary for its execution, such as name, delivery address, e-mail address, telephone number;d) log in to your Account or choose to place an Order without registration;
e) select one of the available methods of delivery;
f) select one of the available methods of payment;
g) read and accept the Terms and Conditions, which is a prerequisite for placing an Order;
h) click on the button marked “I order and pay” or any other button with equivalent wording, which is tantamount to confirmation of placing an Order with the obligation to pay.
3.3. The timing of the agreement
- Placing an Order by the Customer constitutes an offer to conclude a Sales Contract for the Product that is the subject of the Order, made to the Seller.
- After placing an Order, the Customer receives an automatic confirmation to the e-mail address provided that the Order has been registered in the Store’s system. This message is not tantamount to a statement of acceptance of the offer and conclusion of the Sales Contract.
- The Sales Agreement is concluded when the Customer receives the second e-mail from the Seller, containing a statement of acceptance of the Order for execution. At that moment the contract is considered to be concluded.
- The Seller shall consolidate, secure and make available to the Customer the content of the concluded Sales Agreement by:
a) making these Terms and Conditions available on the website of the Store;
b) sending the Customer the e-mail message referred to in point 3.3.3. above. - The content of the Sales Agreement is further recorded and secured in the Store’s computer system.
3.4. Information about prices and promotions (Omnibus Directive)
- The Seller, in each case of informing about a reduction in the price of a Product, shall, in addition to the information about the reduced price (e.g., the promotional price or the price after applying a discount code), also make visible the information about the lowest price of this Product that was in effect during the 30-day period before the introduction of the reduction.
- If a Product is offered for sale for a period of less than 30 days, in addition to information about the reduced price, information about the lowest price of this Product, which was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction, shall be made visible.
Item 4: Methods and Times of Payment (Revised and Detailed Version)
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The Seller provides the Customer with a wide selection of payment methods for the Sales Agreement. The available methods are visible at the stage of placing the Order and include:
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In case of selection of payment in advance (traditional transfer, electronic payment, BLIK, card, etc.), the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement. If payment is not made within this period, the Seller may withdraw from the contract.
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In the case of choosing cash on delivery payment, the customer is obliged to make payment on delivery.
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The Seller attaches a proof of purchase (fiscal receipt or VAT invoice) to each shipment. A customer who wishes to receive a VAT invoice is required to provide the necessary data (including Tax Identification Number) when placing an Order.
Item 5: Delivery: Cost, Methods and Timing
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The Seller performs delivery of Products in the territory of the Republic of Poland.
Delivery to other countries is possible upon individual agreement with the Seller.
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The Customer may choose the following forms of delivery of the ordered Products:
(b) To a collection point:
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Delivery costs shall be borne by the Customer. Information about delivery costs is clearly indicated during the Ordering process, before clicking the button approving the Order.
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The total delivery time of the Order consists of the time of preparation of the Order by the Seller and the time of delivery by the carrier.
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The deadline for the Seller to prepare the Order for shipment is. 1-30. This period is to be counted from the date:
a) the Seller’s bank account is credited – in case of choosing payment in advance (bank transfer, electronic payment);
b) the conclusion of the Sales Agreement – in case of choosing payment on delivery. -
To the time of preparation of the Order you should add the expected time of delivery by the selected carrier, which is usually 1 to 2 Business Days.
Section 6: Complaint Procedure (Non-conformity of Goods with the Contract).
6.1. Basis of liability
- The Seller shall be liable to the Customer who is a Consumer or Entrepreneur on the rights of a Consumer for the lack of compliance of the Product with the Sales Agreement, existing at the time of its delivery and disclosed within two years from that time.
- The lack of conformity of the Product with the contract, which became apparent before the expiration of two years from the time of delivery of the goods, shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
- The basis and scope of the Seller’s liability are set forth in the provisions of the Law of May 30, 2014 on Consumer Rights, in particular in Article 43a et seq. of the Law.
Of course. Here’s another subsection.
6.2. How to report a complaint
- The customer may file a complaint in any form, but written or electronic form is recommended for evidentiary purposes. A complaint can be made:
a) by sending an e-mail to: kontakt@wraithracks.com;
b) in writing to the address: Geodetów 176 05-500 Piaseczno. - A complaint notification should contain at least:
a) the Customer’s name and surname;
b) the Order number or proof of purchase (e.g. receipt, invoice, payment confirmation);
c) a description of the Product’s non-conformity with the agreement and the circumstances of its occurrence;
d) the Customer’s request (the method of bringing the Product into conformity with the agreement);
e) contact details (e-mail address or telephone number), which will facilitate contact regarding the complaint. - If the processing of the complaint requires it, the Customer is obliged to deliver the advertised Product to the address of the Seller. The cost of returning the Product in the case of an accepted complaint shall be borne by the Seller.
6.3. Customer’s entitlements
- If the Product is found to be inconsistent with the contract, the Customer shall first have the right to request repair or replacement.
- The Seller may make an exchange when the Customer requests a repair, or the Seller may make a repair when the Customer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
- The Customer may submit a statement of price reduction or withdrawal from the contract when:
(a) the Seller has refused to repair or replace the Product;
(b) the Seller has failed to bring the Product into conformity with the contract by repair or replacement;
(c) the Product’s lack of conformity with the contract continues even though the Seller has tried to bring it into conformity with the contract;
d) the Product’s lack of conformity with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without first resorting to repair or replacement;
e) it is clear from the Seller’s statement or circumstances that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience for the Customer. - The customer may not withdraw from the contract if the lack of conformity of the Product with the contract is insignificant.
6.4. Response deadline
- The Seller undertakes to consider any complaint submitted by a Customer who is a Consumer or Entrepreneur on the rights of a Consumer within 14 calendar days from the date of its receipt.
- Failure of the Seller to respond to the complaint within the above period means that the Seller has recognized the complaint as justified.
- The Seller will inform the Customer of the method of processing the complaint by e-mail to the e-mail address provided in the application or in another form agreed with the Customer.
Section 8: Right of Withdrawal from the Contract
8.1. Entitled
- The right to withdraw from a contract concluded at a distance, without stating a reason and without incurring costs, except for the costs specified in this section, is vested in the Customer who is a Consumer and the Customer who is an Entrepreneur under the rights of a Consumer.
- The provisions contained in this Section 8 apply only to the Customers referred to in Section 1 above.
8.2. Date and manner
- The customer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
- The period for withdrawal from the contract begins:
a) for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the Customer or a third party indicated by him/her other than the carrier;
b) for a contract that includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part;
c) for other contracts – from the date of conclusion of the contract. - To exercise the right of withdrawal, the Customer must inform the Seller of his decision by a clear statement. The statement can be made:
a) in writing to the address: Geodetów 176 05-500 Piaseczno;
b) by e-mail to: kontakt@wraithracks.com. - The customer may use the model withdrawal form, which is attached as Appendix 1 to these Regulations, but it is not mandatory.
- To meet the deadline for withdrawal from the contract it is sufficient to send the statement before its expiration. The seller will immediately confirm to the customer on a durable medium (e.g. by e-mail) receipt of the statement of withdrawal.
8.3. Reimbursement of benefits
- In the event of withdrawal from the Sales Agreement, the contract is considered not concluded.
- Obligations of the Seller:
a) The Seller is obliged to return all payments made by the Customer, including the costs of delivering the Product to the Customer, to the Customer immediately, no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the contract.
b) The Seller shall return the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer.
c) If the Seller has not offered to collect the Product from the Customer itself, it may withhold the refund of payments received from the Customer until it receives the Product back or the Customer provides proof of its return, whichever event occurs first. - Obligations of the Customer:
a) The Customer is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Product before its expiration.
b) The Customer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.4. Return costs
- The Customer shall bear the direct costs of returning the Product to the Seller. This means that the Customer, on his own and at his own expense, sends the Product back to the Seller’s address.
- If the Customer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Customer for the additional costs incurred by the Customer.
8.5. Exclusions to the right of withdrawal
The right of withdrawal from a contract concluded at a distance does not apply to the customer with respect to contracts:
a) in which the subject of the service is a non-refabricated product, manufactured to the Customer’s specifications or serving to meet his individualized needs (such as a product with custom engraving);
b) in which the object of performance is a product that is perishable or has a short shelf life;
c) in which the subject of performance is a product delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
d) in which the subject of performance is products that after delivery, due to their nature, are inseparably combined with other things;
e) in which the subject of performance is sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
(f) for the supply of newspapers, periodicals or magazines, except for a subscription contract;
(g) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance by the trader he will lose the right of withdrawal from the contract, and accepted it, and the trader has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Law on Consumer Rights.
- Seller does not post or commission false reviews or recommendations and does not distort reviews to promote its Products.
- Any opinions that violate the law or good morals, including vulgar opinions, containing advertising content or violating the rights of third parties, may be removed by the Seller.
Item 10: Protection of Personal Data.
- The administrator of Customers’ personal data collected through the Store is the Seller.
- Customers’ personal data are processed for purposes related to the performance of Sales Agreements and the provision of electronic services, and, if they give the appropriate consent, also for marketing purposes.
- Detailed information on the principles of personal data processing, including the purposes, legal basis, processing periods and the rights of the Customers, can be found in the document “Privacy Policy”, available on the Store’s website. This document is an integral part of these Regulations.
Item 12: Extrajudicial Dispute Resolution (ADR/ODR).
- A customer who is a Consumer has the possibility to use out-of-court procedures for handling complaints and pursuing claims. Detailed information on the possibility of using these procedures and their availability can be found at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
- A Customer who is a Consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online consumer dispute resolution. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.
- The use of out-of-court means of handling complaints and claims is voluntary and both parties must agree to it.
Item 13: Final Provisions.
- In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code, Act on Provision of Electronic Services, Act on Consumer Rights.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as:
a) change in laws;
b) change in payment and delivery methods;
c) change in the scope or form of electronic services provided. - In the case of conclusion of agreements of a continuous nature under these Regulations (e.g., maintenance of an Account), the amended Regulations are binding on the Client if the Client has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification.
- In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract), the amendments to the Regulations will not in any way affect the rights acquired by the Customers before the effective date of the amendments to the Regulations. Orders placed before the effective date of the new Regulations are carried out on the basis of the Regulations that were in force on the date of placing the Order.
- These Regulations shall come into force on .
Appendix No. 1 to the Regulations – Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
Address:
WRAITH SOLUTIONS LIMITED LIABILITY COMPANY
Geodetów 176 05-500 Piaseczno
e-mail: kontakt@wraithracks.com
Declaration of withdrawal
I/We() hereby inform() about my/our withdrawal from the contract of sale of the following Products()/provision of the following service():
- ___________________________________________________________
- ___________________________________________________________
- ___________________________________________________________
…
Date of contract()/acceptance(): _____________________________
Order number (optional): _________________________________
Name of Consumer(s): _____________________________
Consumer(s) Address: ____________________________________
Bank account number for refunds (if payment was cash on delivery or traditional transfer):
___________________________________________________________
_____________________________
Signature of Consumer(s)
(only if form is sent in hard copy)
_____________________________
Data
(*) Delete as necessary.
