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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.

II DEFINITIONS

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 esklep@wittchen.com
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 Dostawy i 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: esklep@wittchen.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, account statement.
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 matter;
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 www.wittchen.com
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;
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 and WITTCHEN;
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 amended);
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 Conditions.
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 Agreement.
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 Civil Code.
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:
1. 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;
2. 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 www.wittchen.com, 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 voluntary.

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:
1. adding the Product to Cart;
2. selecting the Delivery;
3. selecting the Payment method;
4. choosing the place of issue of the Goods;
5. 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.

V PAYMENT

WITTCHEN enables Customers to make payments within the Online Store, in particular payment for Products, using methods including, among others:
1. internet transfers;
2. card payments, including credit or debit;
3. payments using mobile payment systems;
4. payments with the participation or intermediation of credit institutions;
5. payments made with or through other third parties, including 'deferred' payments.
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).

VI DELIVERY

Delivery of Orders covers the territory of the Republic of Poland and selected foreign countries.
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 ).

VII COMPLAINTS

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:
1. description, type, quantity, quality, completeness and functionality
2. 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, it must:
1. 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;
2. 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:
  1. it was not aware of the public assurance in question and, could reasonably not have been aware of it,
  2. 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,
  3. the public assurance did not affect the Consumer's decision to conclude the Agreement;
3. be supplied with the packaging, accessories and instructions which the Consumer may reasonably expect to receive;
4. 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:
1. it was carried out by or under the responsibility of WITTCHEN;
2. 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 Consumer Law.
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:
1. WITTCHEN refused to bring the Product into compliance with the Agreement in accordance with art. 43d section 2 of the Consumer Law;
2. WITTCHEN did not bring the Product into compliance with the Agreement in accordance with art. 43d section 4-6 of the Consumer Law;
3. non-compliance of the Product with the Agreement persists, even though WITTCHEN tried to bring the Product into compliance with the Agreement;
4. 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;
5. 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 its return.
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 („„Website””).
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 particular to:
1. 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;
2. using the opinion or its part in WITTCHEN marketing campaigns;
3. 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 Consumer Law.
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:
1. on the form, a specimen of which is attached as Annex 2 to the Consumer Law;
2. on the form available at: https://www.wittchen.com/pl-PL/nowy-zwrot; or
3. 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 concluded.
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 Consumer Law.
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:
1. 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;
2. 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 withdrawal period;
3. 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;
4. 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;
5. 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) are described by WITTCHEN in the privacy policy published and available at: https://www.wittchen.com/polityka-prywatnosci.

XI COPYRIGHTS

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 Civil Procedure.

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 https://www.wittchen.com/pl-PL/nowa-reklamacja).
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 https://www.wittchen.com/regulamin. 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.
These Terms of use come into force on 1 January 2023.