TERMS AND CONDITIONS OF THE WITTCHEN.COM ONLINE STORE
The following Terms and Conditions („Terms and Conditions”) set out the general
terms and conditions of the www.wittchen.com.
Online Store. By means of the Online Store, WITTCHEN allows its Customers and other users of the
Store, in particular the Consumers, to use the services provided by WITTCHEN online and to learn
about the Products available at www.wittchen.com,
and then conclude a sales agreement.
WITTCHEN respects the rights of users of the Online Store, in particular Consumers, including
those resulting from the provisions of the Consumer Rights Act. Nothing in the Terms and
Conditions is intended to limit or exclude any rights of the users of the Online Store under
the Consumer Law and other generally applicable provisions of law – in the event of such
restrictions or exclusions, WITTCHEN will apply the relevant provisions of the mandatory law.
I INTRODUCTORY PROVISIONS
- WITTCHEN operates an Online Store at www.wittchen.com (with further subpages and tabs).
- In order to properly use the functionalities available within the
Online Store, Technical Requirements referred to in the further part of the Terms and
Conditions must be met.
- The acceptance of these Terms and Conditions is voluntary. However, accepting the
Terms and Conditions is necessary to be able to use the Online Store, creare an account in
the Online Store or place an Order.
The following capitalized terms (irrespective of the singular or plural number or the case in
which they are used) used in the Terms and Conditions shall have the following meanings, unless
expressly stated otherwise in the Terms and Conditions or in the context of their use:
- Complaints address – WITTCHEN Logistics Centre, Palmiry, ul.
Gdańska 60, 05-152 Czosnów;
- BOK – WITTCHEN Customer Service, providing the customers with the
information and explanations regarding the Online Store's activities, including, but not
limited to, marketing campaigns, current promotions, available Products, placed Order, these
Terms and Conditions, and others, in particular by telephone and e-mail indicated below:
22 266 88 00
- Price – an amount expressed in Polish zloty (or for illustrative
purposes expressed in another currency, including e.g. EUR or USD), as gross remuneration
(i.e. final remuneration including applicable tax) payable to WITTCHEN for the transfer of
ownership of the purchased Product to the Customer pursuant to the Agreement. The Price does
not include the costs of Shipment, unless the terms of the promotion organized by WITTCHEN
regulate the above provisions separately (for the benefit of the Customer);
- Cennik Dostaw– zestawienie dostępnych rodzajów
ich kosztów znajdujące się pod adresem: https://www.wittchen.com/koszty-dostawy;
- Contact Details – WITTCHEN S.A., Palmiry, ul. Gdańska 60, 05152
Czosnów, e-mail: email@example.com, phone: 22 266 88 00;
- Shipment– the type of transport service together with the
determination of the carrier and the cost of the service listed in the Supply Price List;
- Proof of Purchase – e.g. invoice, bill, receipt issued in accordance
with the Act of 11 March 2004 on tax on goods and services (consolidated text: Journal of Laws
of 2022, item 931, as amended) and other applicable laws, confirmation of card payment,
- Product Chart – a single subpage of the Online Store containing
information about a single Product.
- Customer – Entrepreneur or Consumer;
- Civil Code – Civil Code Act of 23 April 1964,
(consolidated text: Journal of Laws of 2022, item 1360, as amended).;
- Code of Civil Procedure – the Civil Procedure Code Act of 17 November
1964 (consolidated text: Journal of Laws: Dz.U. of 2021, item 1805 , as amended);
- Consumer – a natural person performing a legal act, in particular
concluding a contract, not directly related to his business or professional activity, in
particular when it results from the content of this act (including the contract) that it is not
of a professional nature for this person, resulting in particular from the subject of business
activity performed by this person, made available on the basis of the provisions on the Central
Register and Information on Business Activity;
- Account – a set of resources (data) in WITTCHEN’s system marked with
an individual name (login) and password provided by the Customer, allowing the Customer to use
additional functionalities and services of the Online Store. Customer can log in to their
Account after registering in the Online Store. Cuatomer gains access to the Account using
the Login and Password. Account allows you to save and store Customer's address information for
the shipment of Products, track the status of Orders, access the history of Orders, and other
services provided to the extent that they are made available to Customers by WITTCHEN;– a set
of resources (data) in WITTCHEN’s system marked with an individual name (login) and password
provided by the Customer, allowing the Customer to use additional functionalities and services
of the Online Store. Customer can log in to their Account after registering in the Online
Store. Cuatomer gains access to the Account using the Login and Password. Account allows you
to save and store Customer's address information for the shipment of Products, track the status
of Orders, access the history of Orders, and other services provided to the extent that they are
made available to Customers by WITTCHEN;
- Cart – a list of Products prepared from Products offered in the
Online Store based on the Customer's choices;
- Payment – method of payment under the Agreement;
- Copyright – The Act of 4 February 1994 on Copyright and Related
Rights (consolidated text: Journal of Laws of 2022, item 2509 as amended).
- Consumer Law – Act of 30 May 2014 on consumer rights (consolidated
text: Journal of Laws from 2020, item 287, as amended).;
- Product – the minimum and indivisible amount of available Goods, which
may be the subject of the Order (Subject of the Agreement), and which is given in the Online
Store as a unit of measurement when determining the Price of the Goods (price/unit). All
Products presented in the Online Store are brand new;
- Subject matter – Products and Delivery constituting the subject
- Entrepreneur – a natural person, a legal person or an organizational
unit that is not a legal person, to whom the law grants legal capacity, making a purchase from
WITTCHEN directly related to its business or professional activity. If the Customer is a
natural person with limited legal capacity, such a person is obliged, in particular, to obtain
the legally effective consent of its statutory representative to conclude the Agreement and to
present such consent at any request of WITTCHEN, or in any other legally permissible way to
ensure the validity of the Agreement; however, for the avoidance of doubt, it is considered
that contracts concluded within the Online Store are in principle contracts belonging to
contracts commonly concluded in small current matters of everyday life;
- Terms and Conditions – the following terms and conditions of the
- Online Store – an online service available at
www.wittchen.com, where the Customer can
place an Order;
- Physical Store– each physical WITTCHEN point of sale located within
the territory of the Republic of Poland, including the Outlet. A list of current Stationary
Stores is available at:https://www.wittchen.com/pl-PL/sklepy-i-salony;
- System – a set of cooperating IT devices and software, ensuring
processing and storage, as well as sending and receiving data via telecommunications networks
using the end device appropriate for a given type of network;
- Completion Date – the number of working days or hours specified on
the Product Card in the subject of the Order;
- Goods – movable property that may be or is the subject of the
- Agreement – an agreement concluded outside the business premises
(i.e. at a distance) on the terms set out in the Terms and Conditions, between the Customer
- Act on the Provision of Electronic Services – Act on the Provision of
Electronic Services of 18 July 2002 (consolidated text: Journal of Laws from 2020, item 344 as
- WITTCHEN – WITTCHEN S.A. with its registered office in Palmiry,
Palmiry, ul. Gdańska 60, 05-152 Czosnów, entered into the National Court Register kept by the
District Court for the capital city of Warsaw, XIV Commercial Division of the National Court
Register under the KRS number: 0000352760, NIP: 951-10-22-154, REGON: 011664266;
- Technical Requirements– requirements ensuring the correct operation
or use of the Online Store. To ensure that, WITTCHEN recommends using the following browsers:
IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version
10 or later, Safari with the latest JAVA and FLASH versions installed, on screens with
horizontal resolution above 1024 px. At the same time, WITTCHEN informs that the use of
third-party software affecting the functioning and functionality of browsers: Internet Explorer,
FireFox, Opera, Chrome, Safari may affect the correct display of the Online Store, therefore, in
order to obtain the full functionality of the Online Store https://www.wittchen.com/, they should
all be disabled.
- Order – a statement of the Customer's will submitted via the Online
Store, which results in the will to conclude a Sales Agreement, in particular using the
functionality of the Online Store, submitted using means of distance communication, including
data necessary to conclude and perform the Agreement, in particular specifying the type and
quantity of Products; Price; type of Delivery; type of Payment; place of issue of the Goods
and personal data and other data of the Customer.
III GENERAL PROVISIONS
- The Agreement is concluded pursuant to generally applicable law and these Terms and
- WITTCHEN conducts sales through the Online Store within the territory of the
Republic of Poland as well as abroad.
- WITTCHEN shall provide services and deliver the Products in accordance with the
- Content indicated or provided to the Customer by WITTCHEN as part of or in connection
with the use of the Online Store, including e-mail messages regarding the proposed Agreement,
shall be considered – unless otherwise expressly stated in the given communication – not as an
offer, but as an invitation to conclude a contract within the meaning of the provisions of the
- All Final Prices quoted by WITTCHEN are expressed in the Polish currency and are gross
Final Prices (i.e. include VAT). The prices of the Products do not include the cost of
Delivery, specified in the Delivery Price List available https://www.wittchen.com/koszty-dostawy.
- WITTCHEN shall display the Price of the Product or Service in a clear and undoubted
manner. Whenever a Product or Service Price reduction is communicated next to the Reduced
Price information (e.g. reduced due to the introduction of temporary promotions) in the
Online Store, WITTCHEN displays the lowest last price of the Product available
at www.wittchen.com in the last 30 days
prior to the price reduction.
- In any case of informing about a reduction in the Price of the Product or service
next to the information about the reduced Price, e.g. reduced due to the introduction of
temporary promotions in the Online Store, WITTCHEN displays the lowest last price of the
Product available at www.wittchen.com in
the last 30 days before applying the price reduction.
- WITTCHEN shall be liable towards the Consumer for the compliance of the Product with
the Agreement on the terms of the Consumer Law, while to Entrepreneurs for the defect of the
Product on the terms of the Civil Code and other applicable laws, as well as on the basis of
these Terms and Conditions.
- Any approval, publication, recording, securing of any essential provisions of the
Agreement in order to gain access to this information in the future, is carried out as follows:
- Order confirmation by sending the following documents at an e-mail address as
indicated: the purchase order, pro forma invoice, information on the right to withdraw
from the agreement, these regulations in pdf format, links to download the
regulations and a sample withdrawal from the agreement;
- together with the completed Order, the documents are sent to the indicated
place of issue of the Goods a proof of purchase.
- WITTCHEN does not charge any fees for communication with WITTCHEN by means of distance
communication, and the Customer may bear its costs in the amount resulting from the contract
concluded with a third party providing a specific service enabling distance communication.
- WITCHER shall guarantee the proper operation of the shop for the Customer using the
system with the following browsers: IE version 7 or newer, Firefox version 3 or newer, Opera
version 9 or newer, Chrome version 10 or newer, Safari, with the latest versions of Java and
Flash installed, on screens with a resolution higher than 1024 px. The use of third-party
software affecting the functioning and functionality of browsers: Internet Explorer, FireFox,
Opera, Chrome, Safari may affect the correct display of the Online Store, so in order to
obtain the full functionality of the Online Store
you must disable them all.
- WITTCHEN allows users www.wittchen.comto access the reviews of the Products
issued by Customers in the Online Store. WITTCHEN, in cooperation with a trusted
subcontractor, ensures that the published opinions come from people who have used a given
Product or acquired it by sending a questionnaire regarding the issuing of opinions after
the Order has been placed by a given Customer. For this purpose, after the Customer
purchases the Product, WITTCHEN, as part of the implementation of the Agreement with the
Customer, may send an invitation to fill in a questionnaire to receive his opinion on the
sales made to the e-mail address (indicated by the Customer). Customer has the right to
provide the opinion by completing the survey in question, however, providing opinion is
IV CONCLUSION AND PERFORMANCE OF THE AGREEMENT
- The orders may be placed 24 hours a day, each calendar day, subject to periods
related to the performance of works aimed at ensuring the Customer proper access to the
functionality of the Online Store or the occurrence of obstacles independent of WITTCHEN.
- To place an order, the Customer should perform at least the following activities,
some of which can be repeated several times:
- adding the Product to Cart;
- selecting the Delivery;
- selecting the Payment method;
- choosing the place of issue of the Goods;
- placing an Order in the Online Store by using the "Buy and pay" button.
- The Order payable on delivery is placed immediately, and the Order payable by bank
transfer or via the electronic payment system is placed upon the Customer's payment has been
credited to the WITTCHEN account.
- Concluding agreement with the Customer occurs upon the acceptance of the order by
WITTCHEN, which shall notify the customer within 48 hours of ordering.
- The execution of Customer Orders payable upon delivery shall take place immediately
after the conclusion of the contract, and of an order paid by bank transfer or via electronic
payment system shall take place after the conclusion of the contract and crediting the payment
on WITTCHEN bank account.
- The execution of Customer's Order may be dependent on the effective payment of the
whole or part of the value of the Order or consent of WITTCHEN to send Orders for cash on
delivery (paid on receipt).
- The Product shall be sent on the date specified on the Data Sheet, and for orders of
multiple products the date of shipment shall be the latest date of the products specified on
product charts. The term starts upon the execution of the Order.
- The purchased Product is sent, together with the Proof of Purchase, by the Shipment
method chosen by the Customer to the place of delivery of the Goods indicated by the Customer
in the Order, together with the attached attachments referred to in Part III sec. 9 item 2 of
the Terms and Conditions.
- WITTCHEN performs activities aimed at ensuring the availability of products presented
in the Online Store. In exceptional cases, in particular in the case of simultaneous placing of
an Order for the same Good by many Customers, it may happen that a given Good is not actually
available. In such a case, due to the impossibility to fulfill the performance, the Customer
will receive information about the inability to fulfill the Order (on the basis of the relevant
provisions of the Civil Code, including art. 493-495 of the Civil Code).
- WITTCHEN may allow the Customer to collect the Products in person in the WITTCHEN
stationary store as part of the "Order and Collect" service (so-called Click and Collect)
enabling the Customer to obtain: (i) free delivery of the selected Product, (ii) the
possibility of choosing the most convenient commercial location of the WITTCHEN showroom,
(iii) guarantee of the availability of goods in the selected stationary showroom, (iv)
the possibility of withdrawing from the Agreement in the scope of the Product purchased on
the basis of the sales of WITTCHEN brand goods via the Internet – 30 days (from the date of
receipt of the Product in the showroom), (v) the possibility of replacing the Product being
the subject of the Order in the stationary showroom with the same goods, but in a different
size or colour, while maintaining the Price on the date of purchase of the Product or other
currently available goods – 30 days (from the date of receipt of the Product in the showroom).
In order to properly perform the "Order and Collect" service, the Customer is obliged to provide
WITTCHEN with the personal data necessary to achieve the contact purposes (e.g. informing the
Customer about the status of the shipment via SMS) and the correct conclusion and performance
of the Subject of the Agreement. Any additional explanations regarding the "Order and Collect"
service are described at www.wittchen.com/zamow-i-odbierz.
- WITTCHEN enables Customers to make payments within the Online Store, in particular
payment for Products, using methods including, among others:
- internet transfers;
- card payments, including credit or debit;
- payments using mobile payment systems;
- payments with the participation or intermediation of credit institutions;
- payments made with or through other third parties, including
- Depending on the circumstances or current business or legal conditions, including
depending on the agreements concluded by WITTCHEN with third parties, the type of transaction
or the choice of the Customer, the payment may be made in advance or on delivery.
- Depending on the circumstances or current business or legal conditions, including
the agreements concluded by WITTCHEN with third parties, the type of transaction or choice
of the Customer, payment methods, their suppliers or other entities participating in them
or intermediaries are subject to change.
- In the event of cancellation of part or all of the Order, the refund of payment
to the Customer shall be made immediately, but not later than within 14 days from the date
of cancellation – in whole or in an appropriate part of the Price, respectively.
- The refund is made using the method of payment used by the Customer – unless the
Customer has expressly agreed to a different method of return (including a refund to
another bank account).
- Delivery of Orders covers the territory of the Republic of Poland and selected
- The delivery of Orders takes place on the terms and conditions, including prices, indicated in the Delivery Price List placed in the "Delivery Costs" tab (available at: https://www.wittchen.com/koszty-dostawy
- The grounds and scope of WITTCHEN's liability towards the Consumer, if the Product
sold does not comply with the Agreement, are specified in the Consumer Law.
- In the event of Product’s non compliance with the Agreement, the Consumer shall be
entitled to the rights specified in the Consumer Law. Agreements requiring the transfer of
ownership of goods to the Consumer, including in particular sales contracts, supply contracts
and contracts for specific work being goods, shall not be subject to the provisions of the
third book of Title XI of Section II of the Civil Code.
- The Product complies with the Agreement if, in particular, the following are in
accordance with the Agreement:
- description, type, quantity, quality, completeness and functionality
- suitability for a particular purpose for which it is needed by the Consumer,
of which the Consumer has notified WITTCHEN at the latest at the time of conclusion
of the Agreement and which WITTCHEN has accepted.
- In addition, in order for the Product to be deemed to be compliant with the Agreement,
- be suitable for the purposes for which the Product of this type is normally
used, taking into account applicable law, technical standards or good practices;
- occur in such quantity and have such characteristics, including durability and
safety, and in relation to goods with digital elements - also functionality and
compatibility, as are typical for such goods and which the Consumer can reasonably
expect, taking into account the nature of the goods and the public assurance given
by WITTCHEN, its legal predecessors or persons acting on their behalf, in particular
in advertising or on the label, unless WITTCHEN demonstrates that:
- it was not aware of the public assurance in question and, could reasonably
not have been aware of it,
- prior to concluding the Agreement, the public guarantee has been corrected in
accordance with the conditions and form in which the public guarantee was
given, or in a comparable manner,
- the public assurance did not affect the Consumer's decision to conclude the
- be supplied with the packaging, accessories and instructions which the
Consumer may reasonably expect to receive;
- be of the same quality as the sample or formula, which
WITTCHEN made available to the Consumer prior to the conclusion of the Contract and
shall correspond to the description of such sample or such template.
- WITTCHEN shall be liable for non-compliance of the Product with the Agreement
resulting from improper installation of the Product if:
- it was carried out by or under the responsibility of WITTCHEN;
- ncorrect installation carried out by the Consumer resulted from errors in the
instructions provided by WITTCHEN or a third party referred to in art. 6 sec. 2 of the
- WITTCHEN shall be liable for non-compliance of the Product with the Agreement
existing at the time of its delivery and disclosed within two years from that time, unless
the shelf life of the Product, as determined by WITTCHEN, its legal predecessors or persons
acting on their behalf, is longer. It is presumed that the lack of compliance of the Product
with the Agreement, which was revealed within two years from the delivery of the Product,
existed at the time of its delivery, unless it is proven otherwise or this presumption cannot
be reconciled with the specificity of the Product or the nature of the lack of compliance of
the Product with the Agreement.
- WITTCHEN may not rely on the expiry of the term for declaring the Product's
non-compliance with the Agreement if it has fraudulently concealed this non-compliance.
- If the Product is inconsistent with the Agreement, the Consumer may request its
repair or replacement.
- WITTCHEN may make a replacement when the Consumer requests a repair, or WITTCHEN may
make a repair when the Consumer requests a replacement, if it is impossible to bring the
Product into conformity with the Contract in the manner chosen by the Consumer or would
require excessive costs for WITTCHEN. If repair and replacement are impossible or would
require excessive costs for WITTCHEN, WITTCHEN may refuse to bring the Product into
compliance with the Agreement.
- The assessment of excessive costs for WITTCHEN takes into account all the
circumstances of the case, in particular the importance of non-compliance of the Product with
the Agreement, the value of the Product compliant with the Agreement and excessive
inconveniences for the Consumer resulting from the change in the manner of bringing the
Product into compliance with the Agreement.
- WITTCHEN shall repair or replace within a reasonable time after WITTCHEN has been
informed by the Consumer of the lack of conformity with the Agreement and without undue
inconvenience to the Consumer, taking into account the specificity of the Product and the
purpose for which the Consumer purchased it. Costs of repair or replacement, including in
particular postage, transport, labour and materials, shall be borne by WITTCHEN.
- Consumer shall make available to WITTCHEN the Product to be repaired or replaced.
WITTCHEN collects the Product from the Consumer at its own expense.
- If the Product has been assembled before the non-compliance of the Product with the
Agreement becomes apparent, WITTCHEN shall disassemble the Product and reassemble it after
repair or replacement, or shall have these activities performed at its own expense.
- Consumer shall not pay for the normal use of the Product, which was then replaced.
- If the Product is inconsistent with the Agreement, the Consumer may submit a
statement on the demand for a reduction of the Price or withdrawal from the Agreement when:
- WITTCHEN refused to bring the Product into compliance with the
Agreement in accordance with art. 43d section 2 of the Consumer Law;
- WITTCHEN did not bring the Product into compliance with the Agreement in
accordance with art. 43d section 4-6 of the Consumer Law;
- non-compliance of the Product with the Agreement persists, even though
WITTCHEN tried to bring the Product into compliance with the Agreement;
- the lack of compliance of the Product with the Agreement is so important that
it justifies a reduction in the Price or withdrawal from the Agreement without first
using the protection measures specified in art. 43d of the Consumer Law;
- it is clear from WITTCHEN's statement or circumstances that WITTCHEN will not
bring the Product into compliance with the Agreement within a reasonable time or
without undue inconvenience to the Consumer.
- The Reduced Price must remain in such proportion to the Agreement Price as the value
of the Non-Contractual Product remains to the value of the Contractual Product.
- WITTCHEN shall refund to the Consumer the amounts due as a result of exercising the
right to reduce the Price immediately, no later than within 14 days from the date of receipt
of the Consumer's statement on the reduction of the Price.
- Consumer may not withdraw from the Agreement if the lack of compliance of the Product
with the Agreement is insignificant. It is presumed that the lack of compliance of the
Product with the Agreement is significant.
- If the lack of conformity with the Agreement concerns only certain Products delivered
under the Agreement, the Consumer may withdraw from the Agreement only in relation to these
Products, as well as in relation to other Products purchased by the Consumer together with
Products that do not comply with the Agreement, if it cannot be reasonably expected that the
Consumer will agree to retain only Products that comply with the Agreement.
- In the event of withdrawal from the Agreement, the Consumer shall immediately return
the WITTCHEN Product at its expense. WITTCHEN shall return the Price to the Consumer
immediately, no later than within 14 days from the date of receipt of the Product or proof of
- WITTCHEN shall refund the Price using the same method of payment as used by the
Consumer, unless the Consumer has expressly agreed to a different method of refund, which does
not incur any costs for them.
- Consumer may refrain from paying the Price until WITTCHEN has fulfilled its
obligations under Art. 43d and art. 43e of the Consumer Law.
- In the event of non-compliance of the Product with the Agreement, the Consumer may
submit a complaint, for example in writing, to the Complaint Address, with the note
"Complaint"; Customer may also contact the customer service. If the complaint relates to a
Product, it is usually expedient to provide WITTCHEN with a labelled request to allow WITTCHEN
to investigate the Product and respond to the requests. Details of the methods of free
delivery of the Product made available by WITTCHEN in connection with the complaint can be
found in the Online Store under the "Complaints" tab ( available at https://www.wittchen.com/pl-PL/nowa-reklamacja).
VIII CUSTOMER SATISFACTION SURVEY
- In order to monitor Customer satisfaction, improve the quality of services provided
and sales service, WITTCHEN may allow Customers who have made a purchase in the Online Store
to express their opinion on the functioning of the Online Store and the purchased Goods via
TrustMate S.A. with its registered office in Wrocław, at ul. Bartoszowicka 3, 51-641 Wrocław,
KRS: 0000737597, NIP: 8971854393, REGON: 369980751
- For the purpose specified above, WITTCHEN will provide the Website with the data
necessary to express the Customer's opinion (in particular, the Customer's email address,
name, Order number and information about the Goods purchased in the Online Store). Customer
will receive an e-mail asking for an opinion about the Online Store, and in the absence of a
response to such a message – a reminder about the possibility of issuing an opinion.
Feedback is completely voluntary.
- Detailed rules for issuing opinions are described on the Website at:https://trustmate.io/user-regulations
- At the time of issuing the opinion, the Customer transfers free of charge to WITTCHEN
the copyrights to the work without time and territorial limitation to the posted opinion, in
- disseminating the opinion or part of it by making it publicly available in
such a way that everyone can have access to it at a place and time of their choice
(Internet), public display;
- using the opinion or its part in WITTCHEN marketing campaigns;
- recording and reproduction of opinions or parts of opinions – production of
copies of opinions by any technique, including printing, reprographic, magnetic
recording and digital technology.
- Customer authorizes WITTCHEN to use the work without marking the creator and to
exercise personal copyrights on its behalf.
- At the same time, the Customer, when granting the license, ensures that the opinion
does not infringe the copyrights of third parties. If the above statements are incorrect, the
Customer shall be liable to third parties.
IX RIGHT OF WITHDRAWAL
- Pursuant to Art. 27 of the Consumer Law, Consumer is entitled to rescind the
Agreement concluded at a distance, without providing any reason and without bearing any costs
therefore, except for the costs set out in art. 33 and art 34 sec. 2 and art. 35 of the
- Period for withdrawal from the Agreement begins from the date of taking possession
of the Product by the Consumer or a third party indicated by the Consumer other than the
carrier, and in the case of the Agreement, which covers many things that are delivered
separately, in batches or in parts, from taking possession of the last thing, batch or part.
- Time limit for withdrawing from the Agreement concluded at a distance is 14 days from
the moment of handing over the product, and to keep within said time limit, it is enough to
send a statement before the lapse thereof.
- Consumer may submit a declaration of withdrawal from the Agreement:
- on the form, a specimen of which is attached as Annex 2 to the Consumer Law;
- on the form available at: https://www.wittchen.com/pl-PL/nowy-zwrot;
- in another form in accordance with the Consumer Law.
- WITTCHEN shall immediately confirm to the Consumer by e-mail (to the address provided
while concluding the Agreement and to another one if provided in the submitted statement) the
receipt of the statement on withdrawal from the Agreement.
- In the event of withdrawal from the Agreement, it shall be deemed not to have been
- The Consumer is obliged to return the product to the WITTCHEN or give it to a person
authorized by the WITTCHEN to collect immediately but not later than 14 days from the date on
which the Consumer withdrew from the Agreement unless WITTCHEN suggests to collect the product.
To meet the deadline it is sufficient to return the Product prior to the expiration date.
- KThe Consumer shall bear the direct costs of returning the Goods, which means that he
sends back at his own expense and risk the Products constituting the Subject of the Agreement
from which he has withdrawn.
- Consumer bears responsibility for decreasing the value of the Goods as a result of
using it in a way that goes beyond what is necessary to establish the nature, characteristics
and functioning of the Goods.
- WITTCHEN shall immediately, no later than within 14 days from the date of receipt of
the statement of withdrawal from the Agreement submitted by the Consumer, return to the
Consumer all Payments made by the Consumer, including the costs of delivery of the item,
however, if the Consumer has chosen a method of delivery of the item other than the cheapest
ordinary method of delivery offered by WITTCHEN, WITTCHEN is not obliged to reimburse the
Consumer for the additional costs incurred by the Consumer – in accordance with Art. 33 of the
- If WITTCHEN has not suggested that he will collect the Product from the Consumer by
himself, he may withhold the reimbursement payments received from the consumer to the date of
receiving of the Product back, or until the consumer has supplied evidence of its return,
depending on which event occurs first.
- WITTCHEN makes the payment using the same payment method as used by the Consumer,
unless the Consumer has clearly agreed to another payment method which will not cause it to
incur any costs.
- The right to withdraw from the Agreement concluded at a distance shall not be granted
to the Consumer in the cases provided for in Art. 38 of the Consumer Law, in particular in
relation to the following Agreements:
- for the provision of services, if WITTCHEN has fully performed the service
with the express consent of the Consumer, who was informed before the start of the
service that after the performance of the service by WITTCHEN he will lose the right
to withdraw from the Agreement;
- in which the price or remuneration depends on fluctuations of the financial
market over which WITTCHEN has no control and which may occur before the expiry of the
- in which the subject of the service is a non-prefabricated item, manufactured
according to the Consumer's specification or serving to satisfy his individual needs;
- in which the subject matter is a Product delivered in sealed packaging, which
cannot be returned after it’s been opened due to health or hygiene reasons, if the
packaging has been opened after receipt of the item;
- In which the subject of the Agreement is a product, which after delivery,
because of is nature, is inextricably connected to other things.
- In case of doubt, the Customer may contact the customer service.
X PERSONAL DATA PROTECTION
- WITTCHEN processes WITTCHEN's personal data as a controller of personal data.
- WITTCHEN, as the personal data controller, processes in particular the data provided
in connection with the use of functionalities available in the Online Store and the conclusion
and performance of the Agreement.
- Providing personal data by WITTCHEN is voluntary, but necessary in order to create an
Account, use certain services, conclude an Agreement and other activities performed within
the Online Store.
- Principles of personal data protection and the use of test files (so-called Cookies)
All content, services, goods, rights to the Online Store, including proprietary copyrights,
intellectual property rights to its name and its domain, website of the Online Store, as well
as to templates, forms, logos, functionalities and photos posted on the website
www.wittchen.com by www.wittchen.com or its
subcontractors are subject to special legal protection, including on the basis of the
provisions of the Copyright Law.
- The use of the above-mentioned content by the Customer and the users of the Online
Store is allowed only on the basis of WITTCHEN's express prior consent in writing, under pain
of nullity, unless otherwise provided by law.
XII OUT-OF-COURT SETTLEMENT OF DISPUTES CONCERNING PURCHASES IN THE ONLINE STORE
- In the event of a dispute arising between WITTCHEN and the Customer in connection
with the purchase in the Online Store, the Customer may use extrajudicial means of dealing
with complaints and pursuing claims, including by submitting a complaint in the selected
official language of the European Union, including Polish, via the EU ODR online platform,
available at: http://ec.europa.eu/consumers/odr/.
- In particular, if the Consumer so wishes, any dispute may be resolved by mediation
or arbitration. As a last resort, any dispute may be settled by a common court having
jurisdiction locally and materially in accordance with the principles set out in the Code of
XIII PROVISIONS FOR ENTREPRENEURS
- For the avoidance of doubt, the provisions indicated in this Part XII of the Terms
and Conditions apply only to Entrepreneurs and do not apply to Consumers.
- The provisions referred to in Part VIII of the Terms and Conditions regarding the
right of withdrawal shall apply mutatis mutandis to Entrepreneurs.
- In the event of a defect in the Product, WITTCHEN may be liable to Entrepreneurs
under the provisions on warranty pursuant to art. 556 et seq. of the Civil Code.
- In the event of a defect in the Product, the Entrepreneur may submit a complaint, for
example in writing, to the Complaint Address, with the note "Complaint". If the complaint
concerns a Product, it is usually expedient to deliver it to WITTCHEN together with the
request, in order to allow WITTCHEN to examine the Product and respond to the requests.
Details of the methods of free delivery of the Product made available by WITTCHEN in connection
with the complaint can be found on the Website in the "Complaints" tab (available at
- With respect to Entrepreneurs, WITTCHEN is entitled to withdraw from the Agreement or
any other agreement concluded in connection with or on the basis of the Terms and Conditions,
no later than within 45 days from the date of its conclusion. In such a case, WITTCHEN may
withdraw without the obligation to indicate the reasons for the withdrawal and without the
Entrepreneur being able to pursue any claims against WITTCHEN – by sending a statement of
withdrawal (in any form) to such Entrepreneur.
- WITTCHEN shall not be liable for any damage and loss of profits to the Entrepreneur,
unless the above damage was caused intentionally by WITTCHEN.
- In the event of determining, in relation to the Entrepreneur, the liability of
WITTCHEN (including its employees, authorized representatives, attorneys-in-fact), such
liability, regardless of its legal basis, is each time limited to the amount of PLN 1,500
(say: one thousand five hundred and 00/100) in relation to a single claim.
- For the avoidance of doubt, the provisions of section 1-7 above does not apply to a
natural person concluding a contract directly related to his business activity, when it
follows from the content of this contract that it is not of a professional nature for this
person, resulting 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.
- All disputes arising between WITTCHEN and the Entrepreneur shall be submitted to a
common court having jurisdiction over the registered office of WITTCHEN.
XIV FINAL PROVISIONS
- None of the provisions of the Terms and Conditions is intended to violate the rights
of the Customer, in particular the rights of the Consumer.
- In matters not covered by the Terms and Conditions, the provisions of generally
applicable Polish law shall apply, in particular: the Civil Code, Consumer Law, the Act on the
Provision of Electronic Services and Copyright.
- The current version of the Terms and Conditions is always available in the Terms and
Conditions tab at
During the Order Execution and throughout the period of after-sales care, the Terms and
Conditions accepted by him when placing the Order apply.
- Terms and Conditions in the version in force at the time of concluding the Agreement
shall apply to contracts concluded before the amendment.
- The existing Terms and Conditions, valid until December 31, 2022 (inclusive), can be
found in the Terms and Conditions tab: WITTCHEN-regulamin.pdf.