These Terms and Conditions define the rules for placing and fulfilling Orders through the website operating at the URL: https://mojawoda.com
The User has the right to negotiate the terms of the Sales Agreement with the Seller before placing an Order. In the event of withdrawal byThe User's ability to conclude a Sales Agreement through individual negotiations is subject to these Terms and the generally applicable provisions of Polish law.
CHAPTER I - DEFINITIONS:
The terms used in these Terms mean:
1. Seller – WODARO Sp. z o.o. with its registered office at: ul. Głubczycka 57, 43-130 Kietrz, entered in the register of entrepreneurs of the National Court Register by the District Court in Opole, VIII Economic Division of the National Court Register under KRS number 0000925164, NIP: 7481590414, REGON520119046, email: biuro@mojawoda.com contact phone: +48 774 854 586 or 505 020 040, every weekday from 8:00 AM to 4:00 PM (call charges according to the operator's tariff used)User);
2. Online store – an online platform operated by the Seller at the URL: https://mojawoda.com;
3.Ordering Party – an adult natural person who has the capacity to perform legal acts (which also includes a natural person running a sole proprietorship), a legal entity, or an organizational unit that is not a legal entity, to which specific provisions grant legal capacity, placing an Order within the Online Store;
4. User– any person using the Online Store website;
5. Goods or Products – filters for kitchens, bathrooms, aquariums, refrigerators, hot water, filter sets, various types of cartridges, and other products offered by the Seller for retail sale in the Online Store;
6. Product Page – a single subpage on the Online Store's website that presents detailed information about the Product;
7. Price - the gross price of the Product displayed next to the information about the Product, not including the delivery costs of the Product toThe Ordering Party, and any additional costs that the Ordering Party has accepted to incur;
8. Order – a declaration of intent made by the Ordering Party through the Online Store, indicating the Goods or set of Goods specified for execution by the Ordering Party, in accordance with these Terms and Conditions;
9. Pickup location – a location at: ul. Głubczycka 57, 48-130 Kietrz, where personal pickup of the Order is possible, every weekday from 8:00 AM to 4:00 PM, after prior arrangement of the pickup date with the Seller;
10. Weekdays - days of the week fromfrom Monday to Friday, excluding public holidays;
11. Sales Agreement - a sales agreement for Goods within the meaning of the Civil Code concluded between the Seller and the Buyer using the online store's website, i.e. concluded by means of distance communication;
12. Customer Account - a tool available in the Online Store system that, after entering the email address (Login) and Password, allows among other things tracking the stages of Order fulfillment on the Online Store page, viewing Order history, editing the Customer's contact details, and changing the Password, etc.;
13.Login – the email address provided by the User during registration in the Online Store, required along with the Password to create a Customer Account;
14. Password - a string of letters, numbers, or other characters chosen by the User during the registration of the Customer Account, used to secure access to the Account.Ordering party;
15. Consumer - a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity, in accordance with the definition contained in Article 22(1) of the Civil Code;
16.Consumer-Entrepreneur - a person running a sole proprietorship who enters into a Sales Agreement directly related to their business or professional activity, but not having a professional character, resulting in particular from the subject of their business activity, made available onon the basis of the provisions of the Central Register and Information on Economic Activity;
17. Civil Code - Act of April 24, 1964, Civil Code (consolidated text, Journal of Laws of 2020, item 1740, as amended);
18. Consumer Act – Act ofon May 30, 2014, on consumer rights (consolidated text Journal of Laws of 2020, item 287, as amended);
19. Act on the provision of services by electronic means - the act of July 18, 2002, on the provision of services by electronic means (consolidated text Journal of Laws of 2020, item 344, as amended);
20. Code of goodpractice - a set of rules of conduct, particularly ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (consolidated text Journal of Laws of 2017, item 2070, as amended);
21. Regulations - these regulations of the Storeinternet.
CHAPTER II - GENERAL PROVISIONS:
1. The placement of an Order for Goods offered in the online Store and the fulfillment of Orders is carried out based on these Regulations and generally applicable legal provisions.This Regulation is the regulation referred to in Article 8 of the Act on Providing Services by Electronic Means.
2. The number of Goods offered as part of the promotion or subject to clearance is limited. Orders for such Goods are fulfilled in the order they were placed by Customers, until they are exhausted.stock.
3. The information provided in the Online Store (especially regarding Product Prices) does not constitute a commercial offer within the meaning of Article 66 of the Civil Code; it is merely an invitation to submit offers as specified in Article 71 of the Civil Code.
4. All prices listed on the Online Store are expressed in Polish zlotys (PLN) and are gross prices (including VAT).
5. The use of the Online Store by Customers or Users to send unsolicited information is prohibited.commercial, so-called spam within the meaning of the Act on Providing Services by Electronic Means, as well as using the Online Store in a manner contrary to law, good customs, infringing on the personal rights of third parties or the legitimate interests of the Seller.
6. In order to use the Online Store, the User must obtain access on their own.a computer workstation or another endpoint device with access to the Internet and email. Using the Online Store is possible for a User equipped with the following:
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a PC or other device with Internet access;
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access toInternet;
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web browser, e.g. Firefox, Internet Explorer, or Google Chrome or another;
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active email account;
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file handling enabledDirect contact with the Seller is possible via email, phone, or through the form provided in the Online Store under the CONTACT tab. All contact details of the Seller are provided in these Terms and in the CONTACT tab of the Online Store. The Seller does not chargeno charges for communication with him using the means of distance communication specified in this paragraph.
8. The Seller informs that no Code of Good Practices is applied.
CHAPTER III - SERVICES PROVIDED BY MEANS OFELECTRONICA:
1. The services provided electronically under these Terms and Conditions consist of enabling Users to make purchases in the Online Store, in particular using the Ordering Account, the password reminder service for the Ordering Account, as well as providing the newsletter service,services: „Inquire about the product” and „Add a review”, as well as product recommendation services on the social media platforms indicated on the Product Page. These services are provided 24 hours a day, 7 days a week. These services arefree of charge for Users.
2. Using the Ordering Account service requires the User to register and provide personal data: first and last name, address, phone number, possibly another delivery address, an email address that will also serve as the Login, and to set a Password. A message will be sent to the User's email address indicated in the registration form withrequest to confirm the intention to register. Upon confirmation of the registration of the Customer Account, an agreement is concluded regarding the management of the Customer Account between the User and the Seller under the terms specified in the Regulations.
3. Registration of the Customer Account is free and voluntary. The Login and Password are confidential. The CustomerUsers utilizing the Login and Password are requested to keep this information confidential. The password is not known to the Seller.
4. Each User may have only one Customer Account in the online store. The Customer Account is non-transferable, and the User is not allowed to use other Users' Customer Accounts or share the ability with other individuals.the use of the Ordering Account, including the Login and Password access to the Ordering Account.
5. The Password reminder service for the Ordering Account consists of allowing the User who has registered an Account to send a link to the email address provided during the registration of the Ordering Account, which will enable the User to change the previously forgotten Password bythe creation of a new one.
6. The use of the newsletter service is available to any User who enters their email address in the field provided for this purpose in the Online Store. A message will be sent to the User's email address requesting confirmation of their desire to subscribe to the newsletter. Upon confirmation of the newsletter subscription, a contract forthe provision of electronic services between the User and the Seller under the terms specified in the Regulations.
7. The service “Ask about the product” consists of enabling the User to send an inquiry to the Seller through a form provided in the Online Store.dot. detailed information about the Product, providing the User's name and email address. The Seller responds by sending information to the email specified by the User no later than within 7 Business Days from the submission of the inquiry by the User.
8. Service "Add a review"is available only for Users with a Customer Account. This service allows the User, logged into the Online Store, to post an individual and subjective opinion about a given Product on the Product Page. The opinion is visible on the Product Page after it has been approved by the Seller and verified that the User submitting the opinion has made a purchase fromThe User has the option to rate the Product being purchased from the Seller on a five-star scale. The User does not receive any compensation from the Seller, nor any other benefits for using this service.
9. The product referral service on the social media platforms indicated on the Product Page allows the User registered on the selected platform to publish individual and subjective statements about the Product along with a link to the Product Page. The User does not receive any compensation from the Seller or any other benefits for using this service.services.
10. A User with a Customer Account can also add Goods “to the storage”, to be able to return to selected Goods during subsequent purchases.
11. By posting or sharing content through the free services offered by the Seller, as mentioned in these Terms and Conditions, the User voluntarily disseminates the content they provide. In case of any doubts, it should be assumed that the Seller only provides Users with the appropriate IT resources for sharing and disseminating content; however, the contentthese should not be identified with the Seller's views.
12. Each User is responsible for the content they post and share while using the services provided electronically by the Seller.
13. Users may not post or share content that could in any way violate the personal rights of third parties, whether of the Seller or others, or violate any other rights of third parties, including copyright, industrial property rights, or trade secrets. Users are also prohibited from posting any content that is offensive, violates good manners, legal regulations, or social norms, or contains anythe personal data of third parties without their consent, as well as content of an advertising nature.
14. The agreement for the provision of services by the Seller electronically regarding the Customer Account and other services described in these Terms and Conditions is concluded for an indefinite period. The User may terminate this agreement at any time free of charge. Termination of the agreement forthe provision of services electronically by either party, as well as its termination by mutual consent, is equivalent to the removal of the Customer's Account; however, this does not affect the execution of already concluded Sales Agreements, unless the parties decide otherwise.
15. The Seller may terminate the agreement for the provision of electronic services with a 14-day notice.the termination of the notice period if:
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the purpose of registration or the manner of using the services is contrary to the principles and purpose of the operation of the Online Store,
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the User's activities are contrary to applicable moral standards, incite violence or the commission of a crime, and also if it violatesthird party rights,
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The Seller has received an official notification regarding the unlawful nature of the data provided by the Ordering Party or related activities,
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The Seller has obtained credible information about the unlawful nature of the provided data or related activities and has previously notifiedThe Ordering Party about the intention to prevent access to the Ordering Party's Account,
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The Ordering Party or User sends unsolicited commercial information,
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The Ordering Party or User, in a gross or persistent manner, violates the provisions of the Regulations,
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the address data provided by the Buyer raises objectively justified doubts about their correctness or truthfulness, and these doubts could not be resolved through telephone contact or via email.
16. The Seller makes every effortall efforts to ensure the proper and uninterrupted operation of the Online Store. In the event that the services or other services offered by the Seller indicated in these Terms and Conditions are inconsistent with it, do not function properly, the User has the right to submit a complaint. Users are requested to submit complaints electronically to the email address:biuro@mojawoda.com or in writing to the Seller's address. Users are requested, in order to streamline the complaint handling process, to provide their personal data and/or Login used for access in the complaint.The Customer's accounts on the Online Store, if they have a Customer Account, and to describe the reported objections. `
1. Complaints regarding services provided electronically are processed within 30 days from the submission of the relevant complaint, in accordance with applicable regulations. The User will be informed about the manner of its handling bySeller.
CHAPTER IV - ORDER AND CONCLUSION OF THE SALES AGREEMENT:
1. By placing an Order, the User may, but is not required to, register in the Online Store and create a Buyer Account. In the case of creating a Buyer Account,The Customer does not need to provide their personal data for subsequent Orders, can track the status of Order fulfillment and purchase history, and has the opportunity to receive discounts and promotional coupons for shopping in the Online Store.
2. Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller fulfills Ordersonly on Business Days.
3. In order to place an Order in the Online Store, the Customer is requested to perform the following actions:
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select the Product to be purchased, the quantity of the Product, and optionally select other characteristics specific to the given Product.parameters, if such are available for selection on the Product Page, and then clicking the button “Add to cart”,
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after selecting Products, clicking the button “Proceed to cart” and if the User has already selectedall Goods, then you need to select the delivery method and payment method and click the button “Order”,
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then the User should: either provide a Login and Password and log in to the Ordering Account, or create an Ordering Account by providing the required personal data mentioned in Chapter III.2. optionally provide VAT invoice details or alternatively provide your personal data and order fulfillment details once;
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then if the delivery or invoice address is to be different from the Customer's address, indicate the appropriate address details, confirm that you have read the Terms and Conditions, optionally enter comments directed to the Seller in the designated field, and click the button“Summary”,
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if all the data provided by the User is correct, to complete the Order, please click the button “I order and pay”.
4. The submission of an Order by the Buyer constitutes an offer made by the Buyer to the Seller to conclude a Sales Agreement, in accordance with the content of the Regulations.
5. The Buyer receives fromSeller:
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confirmation of receipt of the Order, i.e., an automatically generated email containing the Order number and date, the Customer's details, a description of the Product (or a link to the description on the Product Page in the Online Store), the Price, and other related information.Orders;
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b. confirmation of the conclusion of the Sales Agreement, i.e. a message with the subject "Order in progress" to specified by the Customer in the Order email address. The confirmation of the conclusion of the Sales Agreement is sentis after the Order has been verified by the Seller and accepted for execution. Upon receiving the aforementioned confirmation, a Sales Agreement is concluded. The Sales Agreement is made in Polish.
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6. Until the button is clicked“I order and pay” The User can change their previously made selection of Goods, their quantity, or interrupt the ordering process and cancel the Order at any time. The Buyer is bound by the Terms and Conditions from the moment the Order is placed. The Seller does not specify a minimum order value in the Store.online.
7. The Seller also allows placing an Order via phone or email. In the case of placing an Order in this manner, the Customer is requested to provide personal data necessary for the fulfillment of the Order, as mentioned in section 3, letter c above. In the case of an Order placed by phone, the effective conclusion of the Sales Agreementit is necessary for the Seller to confirm the content of the proposed Sales Agreement by sending it via email to the address provided by the Buyer.
8. The content of Sales Agreements concluded using the Online Store is stored by the Online Store's IT system for the duration of the Buyer's Account.In the online store, the content of these agreements is made available solely to the parties of the Sales Agreement. Each Customer, after logging into their Customer Account, has access to all their Sales Agreements concluded through the online store for the duration of their storage in the information system specified in the first sentence. In the absence of a Customer Account, the content of the Sales Agreements concluded using the online store is stored by the Store's information system.the internet until the expiration of the withdrawal period from the Sales Agreement by the Consumer or Consumer-Entrepreneur, but no longer than for a period of 3 months from the conclusion of the Sales Agreement.
CHAPTER V - PAYMENT METHODS, DELIVERY COSTS:
1. AvailableIn the online store, the payment methods are:
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prepayment to the Seller's account via traditional bank transfer. The amounts for the ordered Goods along with the delivery costs should be paid to the account number: 78 1140 2004 0000 3602 8184 5454. The customer is requested to include the Order number from the online store in the transfer title.received in the confirmation email for the Order. Making a payment in an incorrect amount may significantly extend the Order fulfillment time;
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prepayment via the electronic payment system PayU, also using Blik and credit cards (supported payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro);
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cash on delivery when picking up the Order from the postman, courier, or Pickup Location.
2. Electronic payments via the PayU payment system are processed in such a way that the Customer making the payment is redirected to the servicetransactional, where after logging into the bank of their choice, they receive a ready-to-accept transfer form with the appropriate amount, transfer title, and Seller's details. After accepting the transfer, the Customer is redirected back to the Online Store. Payments are handled by PayU S.A. based in Poznań at ul. Grunwaldzka 186, 66-166 Poznań, registered in the National Court Register.Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000274399, NIP 7792308495, REGON 300523444, share capital 4,944,000 PLN, paid-in capital 4,944,000 PLN, being a provider of payment services within the meaning of the Act of August 19, 2011, on payment services. The personal data of the Ordering Party is transmitted via the electronic payment system to PayU S.A., which is theirthe administrator of personal data
3.In the case of choosing prepayment, the Seller expects the Order to be paid within 14 working days from the date of the sales agreement, while in the case of personal collection of the Order from the pickup location - within 14 working days from the expiration of the agreed pickup date. After this periodThe order is canceled.
4. The start time for the fulfillment of the Order coincides with the moment the payment is credited to the Seller's bank account provided in the Order confirmation (in the case of traditional bank transfer) or with the moment of receiving information from the electronic payment system about the payment being made or with the moment of concluding the Sales Agreement (inthank you for the cash on delivery payment).
5. The Seller delivers to the location specified by the Buyer via Polish Post or UPS courier.
6. The delivery costs of Goods within the territory of the Republic of Poland are detailed inIn the online store in the DELIVERY tab.
7. The total cost of delivery of the Goods (i.e. the Price of the Goods along with the costs of the selected delivery method of the Order) is visible to the Customer when placing the Order, in the email confirming the Order, and in the tab "My Account/"orders" after logging into the Ordering Account. The Consumer or Consumer-Entrepreneur will only be charged additional costs after obtaining their explicit consent.
7. Orders for the amount of 500 PLN and above (excluding delivery costs) are processed, to the addressin the territory of Poland, with a courier delivery.
CHAPTER VI - ORDER FULFILLMENT:
1. For a given Order, the Price at the time of placing the order is binding.Orders.
2. Available Goods are usually shipped within the shipping period indicated on the Product Page, counted after the payment for the Order has been credited to the Seller's account or after receiving information from the electronic payment system and making the payment, or after concluding the Sales Agreement (in case of choosing cash on delivery upon receipt of the Order).Goods are delivered to the Consumer or Consumer-Entrepreneur no later than within 30 days, unless the parties agree on a different date in the Sales Agreement.
3. If the Order contains Goods that are unavailable for shipping, the Seller will promptly inform the Orderer by email or phone. The Orderer who is a Consumer or Consumer-Entrepreneur then hasthe right to withdraw from the entire Order, or to withdraw from the missing Product, or to agree to extend the Order fulfillment time, or to fulfill the Order in parts, or to agree to replace the missing Product with a similar one with comparable properties and Price.
4. The Seller delivers the ordered Products exclusively within the territory ofof the Republic of Poland. In the event that the delivery address is outside Poland, the Customer is requested to contact the Seller immediately to establish individual terms of the Sales Agreement, particularly the delivery costs of the Order.
5. When delivering Goods by a courier company, the Customer is requested to check, in the presence of the courier, the exactthe contents of the shipment, whether the shipment has any damage resulting from transport, whether it is intact and in accordance with the Order. Shipment verification is a free service that guarantees the highest quality of services. In case of damage to the shipment, incompleteness, or non-compliance of the shipment with the Order, the Buyer is requested to draw up a damage report in the presence of the courier and to promptly report this fact to the Seller.
6. The Buyer undertakes to collect the ordered Goods and/or to pay the Price for the Order specified by the Seller.
7. In the event that the Buyer is not a Consumer or a Consumer-Entrepreneur, the Seller reserves the right of ownership of the Goods untilpayment of the Prices, in accordance with the provisions of these Regulations.
8. For each sold Product, a fiscal receipt is issued, and at the request of the Customer, a VAT invoice. Since January 2020, obtaining an invoice by the Consumer is possibleonly after the correct submission of data (including the NIP number) when placing the Order. The sales document constitutes a written confirmation of the content of the placed Order and the concluded Sales Agreement.
9. The Seller undertakes to deliverGoods without defects, excluding any defects indicated in the sales offer on the individual Product Pages in the Online Store.
10. The Customer is kept informed about the change in the status of the Order via email.
CHAPTER VII - THE CONSUMER AND ENTREPRENEUR CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT:
1. According to Article 27 of the Consumer Law, the Seller informs about the Consumer's right and Consumers and Consumer-Entrepreneurs have the right to withdraw from the Sales Agreement within 14 days without providing any reason. The deadline for withdrawing from the Agreement expires after 14 days from the day on which the Consumer or Consumer-Entrepreneur took possession of the item or on which a third party other than the carrier and indicated by the Consumer or Consumer-Entrepreneur took possession of the item.
2. To exercise the right of withdrawal from the Sales Agreement, you must inform the Seller (Wodaro Sp. z o.o. ul. Głubczycka 57, 48-130 Kietrz, email address:biuro@mojawoda.com) about the decision to withdraw from the Sales Agreement by means of an unambiguous statement (for example, in the form of a letter sent by post or electronically). If the Consumer or Consumer-Entrepreneurwill use the form of sending the declaration of withdrawal from the Sales Agreement by electronic mail, the Seller will promptly send the Consumer or Consumer-Entrepreneur a confirmation of receipt of the information about the withdrawal from the agreement on a durable medium (for example, by electronic mail).
3. The Consumer or Consumer-Entrepreneur may also use the templatethe withdrawal form, which constitutes Appendix No. 1 to these Terms and Conditions, however, this is not mandatory.
4. To meet the deadline for withdrawing from the Sales Agreement, it is sufficient to send information regarding the exercise of the Consumer's or Consumer-Entrepreneur's right to withdraw from the contract before the deadline for withdrawal expires.Sales agreements.
5. Effects of withdrawal from the agreement: in the event of withdrawal from the Sales Agreement, the Seller shall refund the Consumer or Consumer-Entrepreneur all payments received from them, including the costs of delivering the Goods (except for additional costsresulting from the method of delivery chosen by the Consumer or Consumer-Entrepreneur other than the cheapest standard delivery method offered by the Seller), without delay, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's or Consumer-Entrepreneur's decision to exercise the right of withdrawal from the Sales Agreement. The Seller will refund the payment using the same payment methods that were used by the Consumer orConsumer-Entrepreneur used in the original transaction, unless the Consumer or Consumer-Entrepreneur explicitly agreed to a different solution; in any case, the Consumer or Consumer-Entrepreneur will not incur any fees related to this refund. In the case of payment for Goods by debit or credit card, the refund is made to the bank account linked to the card.The Seller may withhold the refund until the Goods are received or until proof of their return is provided, whichever occurs first.
6. The Consumer or Consumer-Entrepreneur is requested to return or send the Goods to the following addressSeller: Wodaro Sp. z o.o. ul. Głubczycka 57, 48-130 Kietrz, without delay, and in any case no later than 14 days from the day on which the Consumer or Consumer-Entrepreneur informed the Seller of the withdrawal from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur sends back the Goods before the 14-day period expires. The Consumer or Consumer-Entrepreneur will behad to bear the direct costs of returning the Goods. The Consumer or Consumer-Entrepreneur is asked to properly secure the returned Goods during shipping.
7. The Consumer or Consumer-Entrepreneur is only liable for the reduction in value of the Goods resulting from use in a manner other than what was necessary to ascertain their nature, characteristics, andthe functioning of the Goods.
8. According to the provisions of Article 38 of the Consumer Law, the Consumer and the Consumer-Entrepreneur do not have the right to withdraw from the Sales Agreement in relation to contracts:
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for the provision of services, if the Seller has performed inprovides the service with the explicit consent of the Consumer or Consumer-Entrepreneur, who has been informed before the service begins that after the Seller fulfills the service, they will lose the right to withdraw from the Sales Agreement;
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in which the price or remuneration depends on fluctuations in the financial market, which the Seller does not control, and which may occur before the deadline forwithdrawal from the Sales Agreement;
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where the subject of the performance is a non-prefabricated item, produced according to the specifications of the Consumer or Consumer-Entrepreneur or serving to meet their individualized needs;
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where the subject of the performance is an item subject toquick spoilage or having a short shelf life;
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where the subject of the service is a product delivered in a sealed package, which cannot be returned after the package has been opened for health protection or hygiene reasons, if the package was opened after delivery;
in which the subject of the service is goods that, due to their nature, become inseparably connected with other items after delivery;
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in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on fluctuations.on the market, over which the Seller has no control;
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in which the Consumer or Consumer-Entrepreneur explicitly requested the Seller to come to them for urgent repairs or maintenance; if the Seller additionally provides other services than those requested by the Consumer or Consumer-Entrepreneur, or delivers items other than spare parts necessary for the executionrepairs or maintenance, the right to withdraw from the Sales Agreement is granted to the Consumer or Consumer-Entrepreneur in relation to additional services or goods;
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where the subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
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on the delivery of journals, periodicals, or magazines, except for subscription agreements;
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concluded through public auction;
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on the provision of accommodation services, other than for residential purposes, transport of goods, car rental, gastronomy, services related to recreation, entertainment, sports, or cultural events, if the day or period of service provision is specified in the Sales Agreement;
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for the delivery of digital content that is not stored on a tangible medium, if the performance has begun with the express consent of the Consumer or Consumer-Entrepreneur before the deadlinefor withdrawing from the Sales Agreement and after being informed by the Seller about the loss of the right to withdraw from the Sales Agreement.
CHAPTER VIII - COMPLAINTS:
1. The Seller is liablefor defects in the Goods, in accordance with the principles of liability specified in the provisions of the Civil Code, in particular Articles 556 and 556(1) – 576 of the Civil Code. If the purchaser of the Goods is not a Consumer or a Consumer-Entrepreneur, the Seller's liability under warranty is excluded based on Article 558 § 1 of the Civil Code.
2. In the case ofIn the event of defects in the Goods, the Ordering Party may submit a complaint to the Seller by sending it via email to the address biuro@mojawoda.com or by mail to the address : Wodaro Sp. z o.o. ul. Głubczycka 57, 48-130Kietrz, or in the case of a complaint under warranty, if such is granted, directly to the address of the Manufacturer of the Goods indicated on the packaging of the Goods or in the warranty card.
3. If a warranty document is attached to the Goods, the warranty for such Goods is provided by its manufacturer, and the warranty conditions are included in the warranty document attached to the Goods.To avoid any doubts, the Seller indicates that it does not provide a warranty for the Goods within the meaning of Article 577 of the Civil Code, but only transmits the warranty statements of the manufacturers.
4. The Ordering Party, sending the complained Goods to the Seller, is requested, in order to facilitate the handling of the complaint, to provide the following information: first name andsurname, exact residential address, Order number, email address, and a detailed description of the defect of the Goods and the claims of the complainant under the warranty (exchange for a new one, price reduction, withdrawal from the Sales Agreement in case of a significant defect of the Goods) or under the guarantee, as indicated in the warranty document. When submitting a complaint, the Customer is also requested to attach a copy of the proof of purchase (e.g., a copy of the receipt or VAT invoice).
5. Complaints are processed within 14 days from the submission of the relevant complaint, in accordance with applicable regulations. The Buyer will be informed by the Seller about the way it has been processed.
5. The Seller informs that they agree todispute resolution for consumers under the Act of September 23, 2016 on out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823). In the event that the Seller does not accept the complaint, the Consumer may use out-of-court methods of handling complaints and pursuing claims and contact the Provincial Inspectorate of Trade Inspection in Opole, 1st May 1, 45-068 Opole, postal box no. 328, email:secretariat@opole.iih.gov.pl, www.opole.wiih.gov.pl Detailed procedures for obtaining assistance from the Trade Inspection are available on the office's website and on the www.uokik.gov.pl under the "Consumer Dispute Resolution" and "Important Matters" tabs. Out-of-courtPursuing claims after the complaint procedure is completed is free of charge.
6. To avoid any doubts, the Seller indicates that the rights described in this paragraph 5. do not applyTo the Ordering Party, who is a Consumer - Entrepreneur.
CHAPTER IX - PERSONAL DATA:
1. User placing an Order in the Online Store without registering a Customer Account, and/or registering an AccountThe Customer, and/or by contacting the Seller (via email, phone, or using the contact form), and/or by subscribing to the newsletter, and/or by using other services provided by the Seller electronically as indicated in Chapter III of these Terms and Conditions - provides the Seller with their personal data (first and last name, address, email address, phone number, possibly company name, business address, VAT ID, IP address of the computer being used).The user while using the Online Store.
2. In the case of placing an Order without registering a Buyer Account, and/or contacting the Seller, and/or using the services provided by the Seller electronically - the legal basis for processing personal data is the performance of the Sales Agreement/agreement for the provision of services selected byThe user of services via electronic means, and/or taking actions aimed at concluding a Sales Agreement/electronic services agreement, contacting the User, based on the User's request, in accordance with the provisions of Article 6(1)(b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealingDirective 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR"). In the case of registering a Customer Account and/or subscribing to the newsletter, the legal basis for processing personal data is the User's consent, in accordance with the provisions of Article 6(1)(a) of the GDPR.
3. The data controller isSeller. Providing personal data in each of the situations indicated in point 1 is voluntary, but necessary for the purposes of achieving the goal for which the data was collected. The data of the Ordering Parties may only be shared with authorized entities, in accordance with applicable laws, e.g., the Trade Inspection Authority, courts, law enforcement agencies, at their request. User data will not be processed in an automated manner, nor will it be subject toprofiling.
4. More information regarding the processing of personal data, including the User's rights, can be found in the PRIVACY POLICY, which is an integral part of the Terms and Conditions.
CHAPTER X - MISCELLANEOUSPROVISIONS:
1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on the Provision of Electronic Services, and with respect to Consumers and Consumer-Entrepreneurs, also the Consumer Act.
2. To avoid any doubts, it is stated that none of the provisions of these Terms and Conditions limit the rights of the Consumer or the Consumer-Entrepreneur that are granted to them under the provisions of the law in force in the territory of the Republic of Poland. In the event of any inconsistency between the provisions of these Terms and Conditions and the above-mentioned regulations, the latter shall take precedence.regulations.
3. The Seller is entitled to make changes to these Terms and Conditions for important reasons (e.g., changes in law, changes in the operation of the Online Store). In the event of changes to these Terms and Conditions, the User will be notified at least 14 days in advance of the date the changes take effect (appropriateinformation about changes to the Terms and Conditions will be posted on the Online Store's website, and Users with an established Customer Account will receive information about the changes to the Terms and Conditions via email.) In case of non-acceptance of the amended Terms and Conditions, the User has the right to withdraw from using the Online Store and terminate the Service Agreement. This does not exclude or limit the User's right to withdraw from using the Online Store at any time.time.
4. The content of these Terms and Conditions may be recorded by printing, saving on a medium, or downloading at any time from the Online Store's website.
5. The provisions of the Terms and Conditions should be interpreted in a wayensuring their compliance with applicable legal regulations.
6. The resolution of any disputes arising between the Seller and the Ordering Party who is not a Consumer or a Consumer-Entrepreneur shall be submitted to the common court competent due to the Seller's registered office.
Kietrz,on December 7, 2022
Attachment No. 1 – template of the declaration of withdrawal from the contract by the Consumer or Consumer-Entrepreneur.
This form should be filled out and sent back only in the case of the intention to withdraw from the Sales Agreement
……………………………………………
Consumer/Consumer Entrepreneur's Name and Surname
……………………………………………
residential address/headquarters of the Consumer Entrepreneur
……………………………………………
phonecontact
……………………………………………
email
……………………………………………
order number and receipt/invoice number
Wodaro Sp. zo.o.
ul. Głubczycka 57, 48-130 Kietrz
with the note "withdrawal from the contract www.mojawoda.com”
Statement of withdrawal from the distance contract
In accordance with Article 27 of the Act of May 31, 2014 on consumer rights, I hereby declare that I withdraw from the sales contract for the following goodsThe sales agreement was concluded with Wodaro Sp. z o.o. on …………………………………………………… of the year, and the receipt of the Goods by me took place on ……………………………Please refund the following bank account: ……………………………………………………………………………………………………………………………………………………………………………………… ……………………………………………………… Date and signaturewithdrawing from the sales contract (only if the document is sent to the Seller in paper form)[i] CROSS OUT IF NOT NEEDED
INFORMATION ON PACKAGING AND PACKAGING WASTE
1. Proper handling of packaging waste.
Households
Packaging waste should be collected selectively, divided into their respective types. Containers should be empty and, if possible, crushed to reduce their volume. The fractions collected selectively include: paper, glass, metals, and plastics.
Packaging waste made of paper and cardboard is collected in blue containers marked with the label "Paper".
Packaging waste made of glass is collected in green containers marked with the label "Glass".
If the glass waste is collected separately for clear and colored glass, clear glass is collected in white containers marked with the label "Glass"."colorless", and colored glass in green containers marked with the inscription "Colored Glass".
Packaging waste from metals, plastics, and multi-materials is collected in yellow containers marked with the inscription "Metals and Plastics".
Entities conducting business activities
Packaging waste generated in the course of conducting businessEconomic waste should be classified as waste other than municipal waste, categorized according to the waste catalog into subgroup 15 01 - Packaging waste. Such waste should be collected separately from municipal waste and handed over to authorized entities via a waste transfer document.
2. Available return, collection, and recovery systems, including recycling of packaging waste.
Wastepackaging waste should be returned separately according to the applicable regulations at the place of generation of packaging waste. Packaging waste is collected:
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directly from households,
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at PSZOK points (points for selective collection of municipal waste),
Information aboutinformation about the waste collection schedule, the location of the PSZOK, and the hours of waste acceptance can be found on the websites of municipal and city offices, inter-municipal associations, or waste collection companies.
Additionally:
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An entrepreneur operating a retail or wholesale unit that sells hazardous substances that are plant protection products,is obliged to accept packaging waste from users of these products. However, the user of hazardous substances that are plant protection products is required to return the packaging waste from these products to the entrepreneur.
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An entrepreneur operating a retail unit with a sales area of over 2000 m2 is required to conduct selective collection of packaging waste at their own expense.products in packaging that are included in the commercial offer of this unit, according to the types of packaging from which the waste was generated.
3. The significance of markings used on packaging.
To facilitate collection, reuse, and recovery, including recycling, packaging indicates the type of packaging materials used.for their identification and classification by the appropriate industry branch. Numerical designations are used: 1 to 19 for plastics, 20 to 39 for paper and cardboard, 40 to 49 for metals, 50 to 59 for wood, 60 to 69 for textile packaging, and 70 to 79 for glass packaging. The identification system may also use abbreviations of the corresponding materials' names (e.g., HDPE: high-density polyethylene). Materials can be labeled using the numerical designation system and/or abbreviations. Identification markingsare placed in the middle of graphic markings that indicate the suitability of a given packaging for reuse or recovery, or below these graphic markings. Below are examples of markings used on packaging.
Legal basis: Article 42 of the Packaging and Waste Packaging Act of June 13, 2013 (Journal of Laws 2013, item...888)
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