Effective as of 25 May 2018.
The Terms & Conditions effective until 24.05.2018 inclusive are available here.
The Buyer and the Seller may entering into a contract in two ways.
Before placing an order, the Buyer has the right to negotiate any contractual terms with the Seller, including any terms amending the provisions of the Terms & Conditions specified below. The negotiations shall be carried out in writing and their result shall be sent to the Seller’s address (WITTCHEN S.A., Palmiry, ul Gdańska 60, 05-152 Czosnów).
If the Buyer waives their right to enter into a contract based on individual negotiations, the Terms & Conditions specified below, as well as relevant laws shall apply.
TERMS & CONDITIONS
§ 1 Definitions
1. Postal address – first and last name or business name, location in the town/city (for towns/cities divided into streets: street, building number, flat or premises number; for towns not divided into streets: name of town and real property number), postal code and town/city.
2. Address for complaints:
Centrum Logistyczne WITTCHEN,
Palmiry, ul. Gdańska 60,
3. Shipment price list – the list of available shipment methods and costs at: https://www.wittchen.com/en-US/koszty-dostawy
4. Contact details:
address: WITTCHEN S.A., Palmiry, ul Gdańska 60, 05-152 Czosnów,
phone: 22 266 88 00
5. Shipment – a type of transportation service, indicating the operator and the cost, as listed in the shipment price list available at https://www.wittchen.com/en-US/koszty-dostawy
6. Proof of purchase – e.g. an invoice, a bill, a receipt issued in accordance with Polish Value Added Tax Act of 11 March 2004, as amended, and with other applicable laws, confirmation of payment by credit card, bank statement.
7. Product information sheet – a single subsite of the online store containing information about a single product.
8. Customer – a natural person of legal age with full capacity to enter into legal transactions, a legal person or an organisational unit without legal personality but with capacity to enter into legal transactions, who purchases a product from the Seller directly in connection with their business or professional activity.
9. Civil Code – the Polish Civil Code Act of 23 April 1964, as amended.
10. Code of good practice – a set of principles of conduct, including in particular ethical and professional standards referred to in Article 2 (5) of the Polish Unfair Market Practice Prevention Act of 23 August 2007, as amended.
11. Consumer – a natural person of legal age with full capacity to enter into legal transactions whose purchase from the Seller is not directly connected with their business or professional activity.
12. Cart – a list of products, consisting of the products offered in the store, as chosen by the Buyer.
13. Buyer – both the Consumer and the Customer.
14. Place of release – the postal address specified by the Buyer in the purchase order.
15. Time of release – the moment when the Buyer, or a third party specified by the Buyer for receipt of the item, takes possession of the item.
16. Payment – a method of paying for the subject matter of the contract and for its shipment to the specified address.
17. Consumer Law – the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827).
18. Product – a minimum and undividable quantity of items which can be covered by a purchase order and which is specified in the Seller’s store as a measurement unit for pricing purposes (price/unit).
19. Subject matter of contract – the products and shipment covered by the contract.
20. Subject matter of service – subject matter of contract.
21. Item – a movable thing that may be or is the subject matter of contract.
22. Store – the online store available at https://www.wittchen.com, where the Buyer may place a purchase order. The items on the online store’s display do not represent a proposal within the meaning of Article 661 of Civil Code.
WITTCHEN S.A., Palmiry, ul Gdańska 60, 05-152 Czosnów, entered in the National Court Register kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register under KRS No. 0000352760, with NIP 951-10-22-154, REGON 011664266.
Bank mBank S.A.
Account number: PL 32 1140 0000 0000 4357 6800 1030
24. System – a group of IT devices and software items working with one another, ensuring processing and storage, as well as sending and receiving data through a telecommunication networks using a terminal device suitable for the particular type of network, colloquially referred to as the Internet.
25. Processing time – the number of working days or hours specified in the product information sheet.
26. Contract – a contract entered into outside the entrepreneur's premises or a remote contract within the meaning of the Polish Consumer Rights Act of 30 May 2014 for Consumers, and a sales contract within the meaning of Article 535 of the Polish Civil Code Act of 23 April 1964 for Buyers.
27. Defect – a physical or legal defect.
28. Physical defect – the sold item being inconsistent with the contract, in particular if the item:
a. Does not have the properties it should have due to its purpose, whether specified in the contract or arising from circumstances or from its intended use;
b. Does not have the properties indicated by the Seller;
c. Is not intended for the purpose of which the Consumer informed the Seller while entering into the contract, and the Seller did not object to such intended purpose;
d. Was incomplete when released to the Consumer;
e. Was incorrectly installed and start-up, if these activities were carried out by the Seller or a third party for whom the Seller was liable or by the Consumer who followed the instructions received from the Seller;
f. Does not have a property which was guaranteed by the manufacturer or its representatives or by a person who marketed the item within their business activity or a person who introduced themselves as the manufacturer by placing their name, trade mark or another distinctive marking on the sold item, unless the Seller was unaware, and could not reasonably be aware, of the guarantees or if these guarantees could not have influenced the Consumer’s decision on entering into the contract or if the content thereof was rectified before the contract was entered into.
29. Legal defect – a situation where the sold item is the property of a third party or is encumbered with third party right or where the limitation as to the use or disposal of the item arises from a decision or ruling of a competent authority.
30. Order – the Buyer's declaration of will, made via the store, which clearly defines the following: the type and quantity of products; the shipment method; the payment method; the place of release; the Buyer's data, and which was made with a direct purpose of entering into a contract with the Seller.
§ 2 General terms
1. Contracts are entered into in accordance with the local law having jurisdiction over the Seller's registered office and in line with these Terms & Conditions.
2. The store pursues a sales activity within and outside Poland.
3. The Seller shall provide services and products which are free of defects.
4. All the prices specified by the Seller are expressed in the Polish currency and they are gross prices (inclusive of VAT). Product prices are exclusive of the shipment cost, which is defined in the shipment price list available at https://www.wittchen.com/en-US/koszty-dostawy .
5. The Seller shall be liable before the Customer under warranty if any physical defect is identified within two years of the item being released to the Customer.
6. Any material contractual provisions shall be confirmed, communicated, recorded and secured, so that access to this information can be gained in the future, as follows:
a. Through order confirmation which involves e-mailing the following to the specified address: purchase order, information about the right to rescind the contract, these Terms & Conditions in the pdf format, a template of the contract rescission form in the pdf format, links for downloading the Terms & Conditions and the template of the contract rescission form;
b. Through a printed proof of purchase attached to the processed order, sent to the place of release.
7. The Seller shall not charge any fees for communication with the Seller through the means of distance communication, and the Buyer shall incur the costs thereof in the amount arising from the Buyer’s contract with the third party from whom the Buyer procures a specific service enabling them to employ means of distance communications.
8. The Seller assures the Buyer using the system that the store works correctly when using the following browsers: IE version 7 or a more recent one, FireFox version 3 or a more recent one, Opera version 9 or a more recent one, Chrome version 10 or a more recent one, Safari with the latest versions of JAVA and FLASH, on screens with a resolution above 1024 px. Use of third-party software affecting the functioning and functionality of Internet Explorer, FireFox, Opera, Chrome, Safari may affect proper display of the store website, so it must be closed if the full functionality of the https://www.wittchen.com/en-US/ store is it be obtained.
9. The Buyer may also use the store’s option of saving their data to facilitate the process of placing next orders. To this end, the Buyer should give their login and password, necessary to gain access to their account. Login and password represent a sequence of characters defined by the Buyer, who is under the obligation to keep them confidential and protect them against unauthorised access of third parties. The Buyer may, at any time, access, modify and update their data and delete their account in the store.
10. The Seller shall follow the code of good practice.
§ 3 Contract conclusion and performance
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should take at least the following steps, with the possibility of repeating some of them multiple times:
a. Add a product to the cart;
b. Choose shipment type;
c. Choose payment method;
d. Choose place of release;
e. Place the order with the store by using the “Kupuję i płacę” (Buy and pay) button.
3. The contract with the Consumer is concluded upon order placement.
4. The Consumer’s Collect on Delivery order shall be processed immediately, while orders paid for through a bank transfer or with an electronic payment system shall be processed as soon as the Seller's account is credited with the funds paid by the Consumer.
5. The contract with the Customer is concluded upon order acceptance by the Seller, about which the Seller informs the Customer within 48 hours from order placement.
6. The Customer’s Collect on Delivery order shall be processed immediately after contract conclusion, while orders paid for through a bank transfer or an electronic payment system shall be processed after contract conclusion and after the Seller's account is credited with the funds paid by the Customer.
7. The processing of a Customer's order may depend on whether the whole or a part of the order value is paid or whether a trade credit has been obtained at least up to the order value, or whether the Seller agreed that the order may be sent on a Collect on Delivery basis.
8. The subject matter of contract is sent within the time limit specified in the product information sheet, and for orders consisting of multiple products – within the longest of the time limits specified in product information sheets. The time limit shall run once the order has been processed.
9. The purchased item, along with the sales document, is sent using the shipment method as chosen by the Buyer to the place of release specified by the Buyer in the order, along with the attachments referred to in § 2(6)(b).
10. The Customer is also entitled to use ‘Zamów & Obierz’ service, the description of which is available at www.wittchen.com/en-US/zamow-i-odbierz
§ 4 Right of rescission
1. Under Article 27 of the Consumer Law, the Consumer shall have the right to rescind a remote contract without a cause and without any costs, except for the costs defined in Articles 33 and 34 of the Consumer Law.
2. The time limit for rescission of a remote contract is 30 days following the time of release, and for that deadline to be observed, a written notice must be sent before the expiry of the time limit.
3. The Consumer may give the rescission notice on the form enclosed with the Consumer Law as Annex 2, on the form available at https://www.wittchen.com/en-US/new-return or in another written form in line with the Consumer Law.
4. The Seller shall immediately confirm to the Buyer, to their e-mail address (to the one specified at contract conclusion and to another e-mail, if provided in the notice), that the Seller has received the contract rescission notice.
5. In the event of contract rescission, the contract is considered as not concluded.
6. The Consumer shall return the item to the Seller without delay but not later than 14 days following the contract rescission date. For the deadline to be observed, the item must be sent before the time limit expires.
7. The Consumer shall send back the items which where the subject matter of the rescinded contract at the Consumer’s own expense and risk.
8. The Consumer shall be liable for any reduction in the value of the item which was the subject matter of the contract as a result of the item being used beyond the scope necessary to determine its nature, properties and functioning.
9. The Seller shall reimburse the Consumer, without delay but no later than 14 days after receiving the contract rescission notice submitted by the Consumer, for any payments made by the Consumer, including the cost of item shipment, and if the Consumer chose a shipment method other than the cheapest shipment method offered by the Seller – the Seller shall not reimburse the Consumer for the additional costs as per Article 33 of the Consumer Law.
10. The Seller shall make the reimbursement using the same payment method as the Consumer did, unless the Consumer expressly agreed to another form of payment which does not entail any costs for them.
11. The Seller may withhold the reimbursement of the payment received from the Consumer until it receives the item back or until the Consumer provides a proof of sending the item back, whichever takes place first.
12. Pursuant to Article 38 of the Consumer Law, the Consumer shall have no right to rescind any contract:
a. Where the price or remuneration depends on fluctuations on the financial market which are beyond the Seller’s control and which may occur before the deadline for contract rescission;
b. Which involves a non-prefabricated object, manufactured according to the Consumer’s specifications or intended to satisfy the Consumer’s individualised needs.
§ 5 Warranty
1. Pursuant to Article 558 § 1 of Polish Civil Code, the Seller hereby excludes its liability to Customers for physical and legal defects (warranty).
2. The Seller shall be liable to Consumers for defects (warranty) on the terms defined in Article 556 et seq. of Polish Civil Code.
3. For contracts with Consumers, if a physical defect is detected within a year of the time of release, the defect is assumed to have existed at the moment of risk transfer to the Consumer.
4. If the sold item has a defect, the Consumer may:
a. Submit a notice demanding a price reduction;
b. Submit a notice of contract rescission;
unless the Seller replaces the defective item with an item free of defects or removes the defect without delay and without excessive inconveniences for the Consumer. However, if the item was already replaced or repaired by the Seller or if the Seller did not fulfil its obligation of replacing the item with an item free of defects or of removing the defect, the Seller shall be under no obligation to replace the item or remove the defect.
5. The Consumer may demand that the item be replaced with an item free of defects in lieu of the defect removal as proposed by the Seller or may demand defect removal in lieu of item replacement, unless it is impossible or too costly, when compared to the method suggested by the Seller, to bring the item to a condition consistent with the contract using the method chosen by the Consumer; the assessment of whether a solution is too costly is based on the value of the item as free of defect, the type and significance of the defect and the inconveniences the Consumer would suffer if another method of claim satisfaction was chosen.
6. The Consumer cannot rescind the contract is the defect is insignificant.
7. If the sold item has a defect, the Consumer may also:
a. Demand that the item be replaced with one that is free of defects;
b. Demand that the defect be removed.
8. The Seller shall replace a defective item with one that is free of defects or remove the defect within a reasonable time and without excessive inconveniences for the Consumer.
9. The Seller may refuse to satisfy the Consumer’s demand if bringing the defective item to a condition consistent with the contract using the method selected by the Buyer is impossible or too costly when compared to the other available method of bringing the item to a condition consistent with the contract.
10. A Consumer who exercises their right under the warranty shall have the defective item delivered to the Buyer to the address for complaints in line with the complaint procedure available at: https://www.wittchen.com/en-US/new-complaint , and if it would be too difficult for the Consumer to deliver the item due to the type thereof or because of how it has been installed, the Consumer shall grant the Seller access to the item in the place where the item is situated. If the Seller fails to perform this obligation, the Consumer shall have the right to send the item back at the expense and risk of the Seller.
11. The replacement or repair costs shall be borne by the Seller.
12. The Seller shall accept the defective item from the Consumer in the event of its replacement with an item free of defects or in the event of contract rescission.
13. The Seller has fourteen days to respond to:
a. The notice demanding a price reduction;
b. The notice of contract rescission;
c. The demand that the item be replaced with one that is free of defects;
d. The demand that the defect be removed.
Otherwise the Seller is deemed to have found the Consumer’s notice or demand justified.
14. The Seller shall be liable under the warranty if any physical defect is identified within two years of the item being released to the Consumer.
15. The Consumer’s claim for defect removal or replacement of the sold item with one that is free of defects shall fall under the statute of limitations one year after the defect detection date but not earlier than two years after the time of release of the item to the Consumer, and if the sale involves a second-hand item – not earlier than a year after the time of release of the item to the Consumer.
16. If the shelf life of the item defined by the Seller or the manufacturer expires two years after the time of release of the item to the Consumer, the Seller shall be liable under the warranty for any physical defects of this item detected before the expiry of that time limit.
17. Within the time limits defined in § 4(15) through § 4(17), the Consumer may submit a notice of contract rescission or a notice demanding a price reduction on account of a physical defect of the sold item, and if the Consumer has demanded replacement of the item with one that is free of defect or defect removal, the time limit for submitting a notice of contract rescission or a notice demanding a price reduction shall run from ineffective expiry of the time limit for item replacement or defect removal.
18. If one of the rights under the warranty is claimed in court or arbitration court, the time limit for exercising any other rights of the Consumer on that account shall be suspended until the proceedings end in a legally binding fashion. This shall also apply to mediation proceedings as appropriate, with the time limit for the performance of any other rights of the Consumer under the warranty starting to run on the date on which the court refuses to approve the settlement made before the mediator or if the mediation ends to no effect.
§ 6 Off-court resolution of disputes related to purchases made in the online store
In the event of any dispute arising between the Seller and the Consumer in connection with a purchase made in the store, the Consumer may use off-court means to have their complaint examined or to pursue their claims, i.e. by complaining, in a selected official language of the European Union, including Polish, through the EU ODR online platform at: http://ec.europa.eu/consumers/odr/
1. The controller of the personal data provided in connection with the use of the functionalities available in the Store is the Seller, i.e. WITTCHEN S.A., having its registered office in Palmiry, ul. Gdańska 60, 05-152 Czosnów, entered into the National Court Register maintained by the District Court for the Capital City of Warsaw, 14th Commercial Department of the National Court Register, under no. KRS 0000352760, tax ID (NIP) 951-10-22-154, statistical no. (REGON) 011664266.
2. The Seller specifies the following contact address for all matters relating to the protection of personal data:
§ by letter: WITTCHEN S.A., Palmiry, ul. Gdańska 60, 05-152 Czosnów,
§ by e-mail: email@example.com.
3. The personal data you provide when registering, later editing your account in the shop www.wittchen.com and when using services provided by means of electronic communication (e.g. making purchases in the Store) will be processed by the Seller mainly for the purpose of performing the concluded contract for the provision of services by means of electronic communication, as described in the Terms and Conditions (entering into, agreeing the content of, amending or terminating a legal relationship as part of the services provided by the Store, and examining any complaints). The legal basis for such processing is Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as GDPR).
4. Furthermore, the data will be processed by Wittchen S.A. to market its own services (where the laws allow the processing of data for this purpose without consent of the data subject) according to the legal basis provided in Article 6(1)(f) GDPR.
6. The personal data provided/made available in the Store may also be used by the Seller for other purposes if you give your separate and optional consent to such processing.
7. The data is processed to provide services, including to perform a contract and sell products, and, if necessary for the purposes of the legitimate interests pursued by the Controller, in particular to directly market own products or services, or for other purposes to which the User gives consent, if such consent is required under the applicable laws. In particular, the consent may be given to receive, by means of electronic communication and by phone, correspondence and commercial information on the Seller’s own products and services.
8. The personal data may be disclosed to the Seller’s employees or partners, and to parties assisting the Seller as part of the commissioned services and according to the concluded data processing agreements, and to entities authorised under the law.
9. Store Users who have given consent to the processing of their personal data in the Store have a right to access, rectify, erase, restrict processing, object to the continued processing of their personal data, and a right to data portability. If the User believes that the processing of his/her personal data violates the provisions of GDPR, he/she has a right to lodge a complaint with a supervisory authority competent for the protection of personal data, i.e. President of the Office for the Protection of Personal Data (Urząd Ochrony Danych Osobowych). In addition, the User can, at any time, access, rectify, update and erase his/her personal data.
10. The personal data is provided on a voluntary basis when registering or using services in the Store, but it is necessary to be able to register in the Store (e.g. account registration) or to use services which require that personal data be provided in the Store.
11. Any consent given in the Store to the processing of personal data or to the sending of commercial information can be withdrawn at any time.
12. The personal data will be processed until the period of limitation for possible claims has expired following the deletion of an account, and in the case of marketing measures, until the consent to the continued processing is withdrawn. The data in a bill or an invoice for the purchases made will be stored until the expiry of the tax liability and until the period of limitation for possible claims has expired or until the end of the warranty period.
§ 8 Severability clause
If any one of these provisions is deemed illegal, invalid or otherwise unenforceable under the laws of any country in which these provisions are to apply, then – insofar as the provision is illegal, invalid or unenforceable and in line with the laws applicable in the jurisdiction where the provisions is illegal, invalid or unenforceable – the provision shall be excluded and removed, with the rest of these Terms & Conditions remaining in force, in full effect, binding and enforceable.
§ 9 Final provisions
1. No provision hereof is intended to violate the Buyer's rights.
2. The current version hereof is always available to the Buyer in the Terms & Conditions tab at ( https://www.wittchen.com/en-US/regulamin ). During order processing and in the whole aftersales service period, the Buyer shall be bound by the Terms & Conditions accepted by them at the moment of order placement. Except where the Consumer finds these Terms & Conditions as less beneficial than the current ones and informs the Seller that they choose the current version as the binding one.
3. To any matters not regulated herein, applicable laws shall apply. Any disputes, if the Consumer expresses their willingness to do so, shall be resolved through mediation or by an arbitration court. The court having jurisdiction over the place and matter shall be the ultimate solution.