Terms and conditions of use
Regulations of the online store
I. Subject matter of the Regulations
(1) These Regulations define the type, scope and conditions for the provision of services by the Service Provider, the conditions for the conclusion and termination of contracts.
(2) Contracts concluded on the basis of these Regulations, are contracts concluded at a distance, using means of electronic communication.
(3) The Buyer is entitled to negotiate the provisions of the contract with the Seller before placing an order. If the Buyer resigns from the possibility of concluding a contract through individual negotiations, these Regulations and generally applicable laws shall apply.
(4) In order to conclude a Contract with the Service Provider, the Buyer may exercise the right to conclude a Contract after negotiating its terms or conclude a Contract with the Service Provider based on these Regulations.
(5) The content of these Regulations, if the Contract has not been concluded as a result of negotiations, shall constitute the content of the Contract concluded between the Parties. The content of the Contract shall, in accordance with applicable regulations, be recorded and made available to the Buyer on a durable medium, in order to ensure that the Buyer can refer to it if necessary.
II. Definitions and information
1. terms used in these Terms and Conditions shall mean:
1.1 "SERVICE PROVIDER", as used in these Regulations, is: MY WASH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Sarnia 2, 15-509 Sobolewo KRS: 0000732467, NIP 966 212 09 08, REGON 380263937, Email Address: Shop@mywash.pl, Phone no: 666 120 235, providing electronic services on the basis of these Regulations;
1.2 "BUYER" within the meaning of these Regulations is: being a consumer or an entrepreneur within the meaning of Article 431 of the Civil Code, an entity (natural person, legal person or organizational unit without legal personality, having legal capacity), purchasing from the Service Provider goods offered by the Service Provider, who concluded a contract of sale, or for whose benefit such a contract was concluded or at whose request a Buyer's account was established, even if he did not order the goods on the Site.
1.3. "SERVICE" within the meaning of these Terms and Conditions is: the website operated by the Service Provider, operating on the domain https://sklep.mywash.pl/ and its sub-domains.
1.4. "SERVICE" within the meaning of these Terms and Conditions is, subject to Section 1.5 below, a service provided electronically within the meaning of the Act of July 18, 2002 on the provision of services by electronic means, offered by the Service Provider to the Buyer, through the Website, consisting of the conclusion by the Buyer with the Service Provider of a contract for the sale of goods offered by the Service Provider through the Website.
1.5 "GOODS" within the meaning of these Terms and Conditions shall be the goods presented on the pages of the Site, which are the subject of the invitation to conclude a Contract referred to in Section III, subsection 4;
1.6. "CART" within the meaning of these Terms and Conditions shall be the element of the SERVICE software by means of which the BUYER selects the services which, following the placement of the order and its acceptance, become the subject of the Contract concluded between the Service Provider and the Buyer;
1.7. the "PRIVACY POLICY" as defined in these Terms and Conditions, is: the document, posted on the Website at: https://sklep.mywash.pl/pl/content/2-polityka-prywatnosci, which defines the principles of storing and accessing information on the User's devices by means of Cookies, used for the performance of services by the Service Provider.
1.8. "CONSUMER" within the meaning of these Regulations, is a natural person who performs a legal transaction with the entrepreneur(Service Provider) not directly related to his/her business or professional activity, as well as a natural person who concludes a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, 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;
1.9 WORKING DAY - a day of the week except Saturday and Sunday and excluding other public holidays.
(2) The Service Provider informs that the use of the service may be associated with special risks, such as:
(a) exposure to malware, spyware, or Internet worms,)
b) exposure to loss of data stored on the Service due to the danger of password cracking (craking or phishing);
c) the possibility of damage to the Customer's device with which the Service covered by these Terms and Conditions is used;
III. CONCLUSION OF THE AGREEMENT
(1) A person intending to make a purchase on the Service is entitled to register on the Service. Registration is voluntary and free of charge. Registration on the Website consists in filling out (providing one's identification information) and accepting the registration form located on the Website's pages; subsection 2(b) below shall apply accordingly. In connection with registration, a Buyer's account is created. The Buyer has access to it using a login and password generated as a result of registration on the Website. The creation of a Buyer's account is not a condition for the possibility of placing orders through the Website.
(2) In order to conclude a contract for the provision of services, the Buyer (placing an order) is required to:
(a) select the ordered goods, from among those offered by the Service Provider through the Site;
(b) properly fill out the order form and correctly provide contact information including: (i) first and last name or company name, (ii) exact address, (iii) VAT number if the Buyer is an entrepreneur, (iv) delivery address of the goods, (V) telephone number, (V) e-mail address;
(c) make a choice of payment method from among those available on the Site;
(d) make a choice of delivery method from among those available on the Site;
e) choose between the options: I consent or I do not consent to the processing of personal data for the purpose of establishing, shaping the content, changing or terminating the legal relationship between them and for the proper implementation of the Agreement;
f) make a choice among the options available: I do or do not consent to the processing of my personal data for the purpose of marketing the services provided by the Service Provider via e-mail to the e-mail address provided by the Buyer;
g) make a selection of the option "I agree with the terms of service and will comply with them".
h) select the option "Order with obligation to pay".
(3) The Buyer is entitled to select the option "Sign me up for the Newsletter", whereby signing up for the Newsletter will not be possible if the Buyer does not consent to the processing of his/her personal data for the purpose of marketing the services provided by the Service Provider via e-mail to the e-mail address provided by the Buyer.
(4) Placing an order constitutes placing an offer - for the avoidance of doubt, it is stated that information about the Goods presented on the Store's website does not constitute an offer within the meaning of the Civil Code, but constitutes an invitation addressed to potential Buyers to conclude a Sales Contract. After placing an order (which constitutes the submission of an offer by the Buyer), the Service Provider sends a confirmation of receipt of the order, which does not constitute acceptance of the offer. The conclusion of a contract is reached by sending to the Buyer a confirmation of the conclusion of the contract, which is referred to in further provisions of these Regulations. If there is no confirmation of the conclusion of the contract from the Service Provider within 2 working days from the date of the order, the order becomes null and void (the Buyer's offer expires).
(5) To conclude contracts with the Service Provider on the Site it is necessary to have an active e-mail account.
(6) The Buyer is obliged not to provide in the registration or order form data that he knows to be false.
7. the Service Provider is entitled to verify the data provided in the registration form by the Buyer in order to determine whether the data provided by the Buyer is true. The Buyer is obliged to allow the Service Provider to carry out the verification, in particular by providing additional explanations at the Service Provider's request.
(8) In the event that the Buyer provides false or incomplete data, the Service Provider is entitled to refuse to confirm the registration of the Buyer's account and accept the order, or if the ascertainment of defective data took place after the commencement of the Services, the Service Provider is entitled to terminate the Agreement without notice.
(9) If the Buyer's data provided in the registration process changes, the Buyer is obliged to update it
IV. PROCESSING OF PERSONAL DATA
1. the Service Provider may process the Buyer's personal data provided by the Buyer in the registration form and in the order form, namely:
3. surname and first names;
4. residential address;
5. delivery address, if different from the address of residence;
6. the Buyer's e-mail address;
7. telephone number,
8. company (designation of the entrepreneur, including the name of the entrepreneur who is a legal entity),
9. the Buyer's VAT number, if the Buyer is an entrepreneur;
10. the processing of personal data referred to in paragraph 1 above is carried out by the Service Provider to the extent that it is necessary to establish, shape the content, change or dissolve the legal relationship between them and for the proper implementation of the Agreement, subject to the next sentence. The Service Provider is entitled, if the Buyer consents by placing an order, to process the Buyer's personal data for the purpose of direct marketing of services and products offered by the Service Provider via e-mail.
(11) Provision of personal data is voluntary. Each Buyer has the right to inspect his personal data and correct them or request their deletion. The data necessary for the provision of Services, sale of Goods, to which these Regulations apply, are the data indicated in paragraph 1 letters: a - g of Section IV Processing of Personal Data, including the data indicated in letter g) are the data necessary for issuing a VAT invoice to the Buyer, who is an entrepreneur. Failure to provide the data indicated in letters a - g is a justification for refusal to provide the Services to which these Regulations apply, as the processing of such data is necessary due to the manner of operation of the information and communication system used by the Service Provider, which ensures the provision of services electronically and the nature of the service, the manner of sale of Goods, to the Buyer and the manner of their settlement, with regard to the failure to provide the data indicated in paragraph 1 letter g) of Section IV Processing of Personal Data, failure to provide them will prevent the issuance of a VAT invoice to the Buyer, who is an entrepreneur. With regard to the data necessary for the provision of the service, this is indicated in the form on the pages of the Website by indicating that it is mandatory to fill in the form fields relating to this data.
V. FEES
(1) The prices of services covered by these Terms and Conditions posted on the Service Provider's website, are in Polish zloty, include VAT, the amount of which is also given separately, and do not include shipping costs, which are indicated separately in Section V(3) of these Terms and Conditions.
(2) The amount of costs that will be necessary to incur in connection with the delivery of goods using each designated delivery method is indicated on the Site for each delivery method. By choosing the designated method of delivery of the Goods, the Buyer simultaneously chooses and assumes also, in addition to the obligation to pay the selling price of the Goods, the obligation to incur the costs associated with the selected method of delivery indicated in the order form.
(3) The cost of shipment (delivery costs) shall be indicated on the pages of the Site and shall be displayed (in the order form) in such a way that the Buyer, while selecting the method of delivery of the Goods, is aware of the cost of the selected method of delivery.
(4) The Buyer is obliged to make payment for the ordered Goods (for which a VAT invoice is issued by the Service Provider) via bank transfer, electronic transfer or at the Buyer's choice via the electronic payment system indicated by the Service Provider; payments are made within the timeframe referred to in VI item 3 of these Regulations. The Service Provider shall indicate the Service Provider's bank account into which payments for ordered goods are made: 16 1020 1068 0000 1302 0419 3918
(5) The Service Provider shall be entitled to grant discounts to Buyers registered on the Site, including those depending on the quantity and value of goods, purchased and timely paid for by such Buyers. Information on the size of the discount granted by the Service Provider to a Buyer registered on the Site is available after logging in to the Buyer's account.
VI. Conditions for performance of the contract
(1) After the Buyer has placed an order, the Service Provider shall send the Buyer a confirmation of the order to conclude the contract by e-mail to the e-mail address provided by the Buyer. In a separate message, sent no later than two working days after the Buyer's order is placed, to the above-mentioned e-mail address, the Service Provider sends the Buyer confirmation of the conclusion of the contract. As soon as the confirmation of the conclusion of the contract is sent, the contract of sale between the Service Provider and the Client is considered concluded. At the same time as the confirmation of the conclusion of the contract the Buyer, subject to paragraph 2 below, is sent an accounting document - an invoice.
(2) The Buyer may agree to receive VAT invoices in electronic form, in which case the VAT invoice is sent to the Buyer together with the confirmation of the conclusion of the contract in the same e-mail.
(3) The amount of the selling price of the Goods is indicated in the content of the order form, filled out by the Buyer and results from the price list available on the Website at: https://sklep.mywash.pl/ in effect on the day the order is placed.
(4) Orders are carried out during the working hours of the store operated by the Service Provider, i.e. on working days from 8.00 a.m. to 4.00 p.m. An order placed on Saturdays, Sundays and holidays is carried out on the next working day after the conclusion of the contract. Order processing time (preparation of goods for shipment and shipment of goods) is 1-5 working days counting from:
(a) in the case of cash on delivery - from the moment of acceptance of the order
b) in the case of prepayment - from the moment of payment for the goods and acceptance of the order
In the case of sales of promotional products, the quantity of which is limited, orders will be accepted and fulfilled according to the order of receipt, until stocks are exhausted. If an order for a promotional product cannot be accepted and fulfilled, the customer will be notified at the indicated e-mail address.
(5) If the Buyer has used a payment method other than cash on delivery, the Goods shall be sent to the Buyer after the Buyer has paid in full the amounts due under the the selling price of the Goods and the amount corresponding to the shipping costs, indicated in the Order. The Buyer is informed of the shipment of the Goods by the Service Provider by an e-mail message.
(6). the technical requirements necessary for cooperation with the data communications system used by the Service Provider are as follows:
a). Operating system: Windows 10;
b). Processor: Core duo;
c). RAM: 1 GB;
d). Hard drive: 500 MB
e). Graphics card: VGA;
f). Controls: Keyboard, Mouse;
g). Internet connection with a minimum bandwidth: download 10 kbit/s, upload 10 kbit/s.
h). Web browser with Java Script support; Firefox; Google Chrome; Internet Explorer 12.
(7) The Buyer shall be obliged to protect the password for access to his Customer account covered by these Terms and Conditions from access by third parties.
8.In the event that the Buyer wishes to terminate the Client's account after the termination of the contract between the parties for the provision of services to which these Regulations apply, he should submit a request to this effect in writing to the Service Provider.
9.The Service Provider further informs the Buyer that:
1.The Service Provider shall perform its obligations with due diligence, taking into account the professional nature of the Service Provider's business.
2.It is not envisaged that the Buyer will incur costs for the Service Provider to use the means of remote communication to conclude and execute the contract, for this purpose, it remains on the part of the Buyer to provide access to the Internet to enable the use of the Site;
3. the Service Provider has not introduced a Code of Good Market Practices, nor has it undertaken to comply with such a Code of Good Practices;
4. the Service Provider does not provide for a minimum duration of the obligations of the Buyer, who is a consumer, on the grounds of contracts concluded through the Site;
5. the Service Provider does not provide for the obligation of the Buyer to provide a deposit or other financial guarantees;
6. With regard to the issue of functionality of digital content and technical means of its protection, as well as the issue of relevant interoperability of digital content with computer hardware and software of which the Service Provider knows or should know - the Service Provider informs that the Website, operated by the Service Provider, is available via the Internet and its use is carried out through a web browser selected by the Buyer, - In order to ensure the safety of the use of the Internet system, the Buyer should use this system with a device having an anti-virus program with an up-to-date virus and malware database, and should not use an unsecured Internet connection (such as a public hotspot or wifi in public places such as: restaurants or cafes). In order to ensure the security of the use of the Internet system, the Buyer should not share his login and password with any other person and should protect his login and password from access by third parties;
7. in connection with the obligation to inform the consumer of the absence of the right to withdraw from the contract under Article 38 of the Act of May 30, 2014 on consumer rights (unified text Journal of Laws of 2020, item 287, as amended) or the circumstances in which the consumer loses the right to withdraw from the contract, the Service Provider informs that the right to withdraw from the contract concluded via the Website off-premises or at a distance (including via the Website) does not shall be entitled in accordance with the provisions of generally applicable law to the Buyer who is a consumer, for example, with respect to contracts:
1) for the provision of services for which the consumer is obliged to pay the price, if the trader has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the trader he will lose the right to withdraw from the contract, and accepted it;
2) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
3) in which the subject of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs;
4) in which the subject of the performance is goods that are perishable or have a short shelf life;
5) in which the subject of performance is goods delivered in sealed packaging, which after opening the packaging cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
6) in which the subject of performance is goods that after delivery, due to their nature, become inseparable from other goods;
9) in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
11) concluded through a public auction;
h. The consumer shall have the option to use out-of-court means of processing complaints and claims. The consumer may request that the case be heard by the Permanent Arbitration Consumer Court operating at the relevant Provincial Inspectorate of Trade Inspection. A consumer may also apply to the Provincial Trade Inspectorate in Bialystok to take action to settle a dispute out of court. The consumer may use the assistance of the municipal (district) consumer ombudsman. Information on out-of-court ways of dealing with complaints and claims is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). It is also possible to file a complaint through the EU ODR platform (https://ec.europa.eu/).
(11) It is recommended that the Consumer, if possible, to check the condition of the goods upon delivery of the shipment and in the presence of a representative of the delivery agent to draw up an appropriate protocol. In the event of mechanical damage to the shipment occurring during transport, it is recommended that the Consumer contact the Service Provider as soon as possible by phone: 666 120 235 or at e-mail address: shop@mywash.pl
(12) The Buyer who is not a Consumer is obliged to check the condition of the goods upon delivery and in the presence of a representative of the provider. In case of mechanical damage to the consignment caused during transport, the Client should draw up a damage report and immediately contact the Service Provider by phone: 666 120 235 or by e-mail: shop@mywash.pl
VII. WITHDRAWAL FROM THE CONTRACT
(1) The Buyer, who is a Consumer, is entitled to withdraw from the contract within 14 days from the date of delivery of the purchased goods (or from the date of delivery of the last of the goods, if the order includes multiple goods, which are delivered separately, in batches or in parts) - for example, by completing the form of withdrawal available on the Site or by a statement made in writing, sent to the address of the Service Provider's headquarters, for example, according to the formula attached to these Regulations. For the withdrawal statement to be effective, it is sufficient to send the statement before the expiration of the above (2) Withdrawal from the contract does not require a reason and is not associated with the obligation to incur costs, except for the costs constituting payment for services rendered by the Service Provider until the withdrawal from the contract from the situation in which the Buyer has requested to perform an action, provided for in this contract, before the deadline for withdrawal from the contract.
(3) The declaration of withdrawal from the contract shall be submitted, for example, either by e-mail to: shop@mywash.pl or at https://sklep.mywash.pl/pl/sledzenie-zamowienia, or in writing to the address Sarnia 2 Street, Sobolewo 15-509
4th Buyer after withdrawal from the contract is obliged to return the goods or give it to a person authorized by the Service Provider immediately, but no later than 14 days from the day on which he withdrew from the contract. The buyer shall bear the direct costs of returning the goods by him to the Service Provider.
(5) In the event of withdrawal from the contract referred to above, the Buyer shall be reimbursed, subject to paragraph 2 above, in full the monetary amounts paid by him to the Service Provider, including the costs of delivery of the goods, no later, in any case, than within 14 days from the date of receipt of the declaration of the Buyer who is a consumer of withdrawal from the contract, whereby the Service Provider may withhold reimbursement of payments received from the Buyer who is a consumer until he receives the goods back or the Buyer who is a consumer provides proof of their return, whichever event occurs first. Reimbursement of payments shall be made using the same means of payment used by the Consumer in the original transaction, unless the Consumer expressly agrees otherwise; in any case, the Consumer shall not incur any fees in connection with such reimbursement.
(6) A model statement of withdrawal from the contract is attached to these Regulations.
VIII. LIABILITY
(1) The Service Provider shall be liable to the Buyer who is not a Consumer, only for the damage caused by the Service Provider's willful misconduct or gross negligence. The Service Provider's liability under the warranty for defects of the sold thing is excluded.
(2) With respect to the Buyer, who is a Consumer, the Service Provider shall be liable for non-performance or improper performance of its obligations under the general rules.
(3) Goods may be covered by a warranty provided by the manufacturer. The warranty terms and conditions are each time specified in the warranty card attached to the Goods covered by the warranty. The warranty does not limit or exclude the liability of the Service Provider under the provisions (Article 43a et seq.) of the Act of 30.05.2014 on Consumer Rights (unified text Journal of Laws of 2020, item 287, as amended)in connection with non-compliance of the goods with the contract.
IX. COMPLAINT PROCEDURE
(1) The Buyer has the right to file a complaint through the Site. Goods offered by the Service Provider may be complained about by the Consumer if, in particular, the non-conformity of the goods with the contract, the principles of which are specified in the provisions of Article . (Article 43a et seq.) of the Act of 30.05.2014 on Consumer Rights (unified text Journal of Laws of 2020, item 287, as amended).
(2) Complaints related to the Goods or the performance of the sales contract should be addressed, for example: in writing to the address: My Wash Sp. z o.o. Sp. K. ul. Sarnia 2, 15-509 Sobolewo or electronically to the address : shop@mywash.pl or via the store https://sklep.mywash.pl/pl/kontakt selecting the order reference number which the complaint concerns.
(3) The complaint should contain data enabling the identification of the Buyer (name, surname and mailing address) along with his e-mail address, a brief description of the reported objections and comments and the content of the demand.
(4) The Service Provider shall consider a complaint submitted by a Consumer within 14 days, counting from the day of its delivery.
(5) The Service Provider shall provide the Buyer with a response to the complaint on paper or other durable medium. In response to a complaint, the Service Provider shall respond to the Buyer's objections and possible claims. In its response to the complaint, the Service Provider shall inform the Buyer whether and to what extent it recognizes the Consumer's objections and claims as justified.
X. AMENDMENT OF THE REGULATIONS
(1) These Regulations shall enter into force on the date of their publication on the website of the Service Provider and from that date shall apply to contracts entered into with the Service Provider until further notice.
(2) The Rules and Regulations may be amended if necessary due to the need to adapt them to the requirements of the law, necessary due to a court ruling or a decision of a competent authority. Amendments to the Regulations may also occur in connection with changes to the functionality of the Service. Contracts entered into before the amendment of these regulations shall be governed by the regulations in the version in force at the time of placing an order by the Buyer.
(3) The Service Provider shall inform the Buyer who has registered on the Site operated by the Service Provider and on the basis of these Regulations, i.e. : : the Buyer has registered on the Site operated by the Service Provider and on the basis of these Regulations. : make it available to the Buyer in such a way that the Buyer may store and reproduce these regulations in the ordinary course of business, by sending him an e-mail at the e-mail address indicated by him for correspondence with the content of the new regulations (and, in the case of changes to the regulations, with information on the introduced changes) or a link to a website containing the content of the new regulations or the introduced changes, and a link to a downloadable file containing the content of the new regulations or the introduced changes.
(4) The new regulations or changes to the existing regulations shall be binding on the Buyer after 14 days from the date of publication on the Service Provider's website and informing the Buyer about the content of the new regulations or the introduced changes, provided that the Buyer, after being given the opportunity to learn the content of the new regulations or the introduced changes, has not terminated the contract or registered on the site operated by the Service Provider by the end of this period.
XI. FINAL PROVISIONS
(1) The Regulations on Processing of Personal Data, attached hereto, shall constitute an integral part of these Regulations.
(2) The contracts concluded by the Service Provider under these Regulations shall be governed by the relevant provisions of Polish law.
(3) To the extent not covered by these Regulations, the relevant provisions of Polish law shall apply.
(4) The court of competent subject matter jurisdiction for disputes arising from contracts entered into between the Service Provider and the Buyer who is an entrepreneur within the meaning of Article 431c., shaped by the content of these Regulations shall be the competent court in Białystok.
