Terms and conditions of use

Terms and Conditions of the online store sklep.wiking.tech

1. GENERAL PROVISIONS

1.1. The Online Store available at www.sklep.wiking.tech is operated by WikingTech Damian Gendig, with its place of business and service address at: Gradowe Wzgórze 30, 76-010 Polanów, Poland, VAT No. PL4990017130, REGON 331363404, e-mail: biuro@wiking.tech, phone: +48 668 664 573.

1.2. These Terms and Conditions are addressed to both Consumers and Business Customers using the Online Store (except for § 11, which applies only to Business Customers).

1.3. The Service Provider is the Controller of personal data processed in connection with the performance of these Terms and Conditions. Personal data are processed for the purposes, to the extent and on the basis set out herein. Providing personal data is voluntary. Any person whose data are processed by the Service Provider has the right to access, rectify and update them.

1.4. Definitions:

  • 1.4.1. BUSINESS DAY – any day from Monday to Friday, excluding public holidays.
  • 1.4.2. REGISTRATION FORM – an electronic form in the Online Store that enables the creation of an Account.
  • 1.4.3. ORDER FORM – an Electronic Service; an interactive form enabling placement of an Order, in particular by adding Products to the electronic cart and defining the terms of a Sales Contract, including delivery and payment method.
  • 1.4.4. CLIENT – (1) a natural person with full legal capacity, and in cases provided by law also a person with limited capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller.
  • 1.4.5. CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
  • 1.4.6. ACCOUNT – an Electronic Service marked with an individual name (login) and password provided by the Service User, storing the data provided and information on Orders placed in the Online Store.
  • 1.4.7. NEWSLETTER – an Electronic Service; a distribution service provided by e-mail, enabling all Users to automatically receive successive editions containing information on Products, news and promotions.
  • 1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Contract between the Client and the Seller.
  • 1.4.9. TERMS AND CONDITIONS – this document.
  • 1.4.10. ONLINE STORE – the Service Provider’s store available at www.sklep.wiking.tech and operated on the PrestaShop platform.
  • 1.4.11. SELLER – WikingTech Damian Gendig, with its business address: Gradowe Wzgórze 30, 76-010 Polanów, Poland, VAT PL4990017130, REGON 331363404, e-mail: biuro@wiking.tech, phone: +48 668 664 573.
  • 1.4.12. SALES CONTRACT – a contract for the sale of a Product concluded between the Client and the Seller via the Online Store.
  • 1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
  • 1.4.14. SERVICE USER – any entity described in point 1.4.4 who uses or intends to use an Electronic Service.
  • 1.4.15. CONSUMER RIGHTS ACT – the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended).
  • 1.4.16. ORDER – the Client’s declaration of intent submitted via the Order Form, aimed directly at concluding a Sales Contract for a Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available: Account, Order Form and Newsletter.

2.1.1. Account. To create an Account the User must: (1) fill in the Registration Form, (2) click “Create account”, and (3) confirm by clicking the activation link sent automatically to the provided e-mail address. Mandatory data: full name/business name, address (street, building/flat No., postcode, city, country), e-mail, phone number and password; Business Users must also provide company name and VAT No.

2.1.1.1. The Account service is provided free of charge for an indefinite period. The User may delete the Account at any time without giving reasons by sending a request to biuro@wiking.tech or in writing to the Seller’s address.

2.1.2. Order Form. Use begins when the Client adds the first Product to the cart. Placement requires (1) completing the Form and (2) clicking “Order with obligation to pay”. Until then the Client may modify data. Required data: as for the Account plus Product(s), quantity, delivery location & method, payment method; Business Clients must also give company name and VAT No.

2.1.2.1. The Order Form service is free, one-off and ends when the Order is placed or the Order process is abandoned.

2.1.3. Newsletter. Subscription occurs by entering an e-mail address in the “Newsletter” section and clicking “Subscribe”, or by ticking the checkbox while creating an Account.

2.1.3.1. The Newsletter service is free and provided indefinitely. The User may unsubscribe at any time by e-mail to biuro@wiking.tech or in writing to the Seller’s address.

2.2. Technical requirements: (1) a computer or other multimedia device with Internet access; (2) e-mail access; (3) web browser: Firefox 11+, Internet Explorer 7+, Opera 7+, Chrome 12+; (4) minimum screen resolution 1024×768; (5) cookies and JavaScript enabled.

2.3. The User must use the Store lawfully and with due regard for personal rights and IP of the Service Provider and third parties, enter truthful data, and refrain from unlawful content.

2.4. Complaint procedure:

  • 2.4.1. Complaints related to Electronic Services and other store operations (except Product complaints in §§ 6-7) may be submitted: (a) in writing to the Seller’s address; (b) by e-mail to biuro@wiking.tech.
  • 2.4.2. It is recommended to state: (1) subject and circumstances of the complaint (type and date of irregularity); (2) the User’s demand; (3) contact details. These are recommendations only and do not affect effectiveness.
  • 2.4.3. The Service Provider will respond without delay, no later than 14 calendar days from receipt.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. A Sales Contract is concluded after the Client places an Order via the Order Form as per § 2.1.2.

3.2. Prices are quoted in Polish zloty and include taxes. Total price, delivery costs and any other charges are displayed during checkout before the Client places the Order.

3.3. Procedure via Order Form:

  • 3.3.1. The Contract is concluded as in § 3.1.
  • 3.3.2. After receiving the Order the Seller immediately confirms by e-mail containing at least a confirmation of receipt, acceptance for processing and confirmation of contract conclusion. Upon receipt of this e-mail the Contract is deemed concluded.

3.4. The content of the Contract is secured and made available to the Client by: (1) these Terms on the Store website; (2) the confirmation e-mail. The Contract is also stored in the Seller’s IT system.

4. METHODS AND TERMS OF PAYMENT

4.1. Available payment methods:

  • 4.1.1. Cash on delivery.
  • 4.1.2. Cash on personal collection.
  • 4.1.3. Bank transfer to the Seller’s account (PKO BP, IBAN PL95 1020 4900 0000 8402 3073 8856).
  • 4.1.4. Electronic and card payments via PayU.pl (details in “Payment methods” section and at www.payu.pl). Processing entity: PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań, KRS 0000274399, share capital PLN 4,000,000, VAT 779-23-08-495.

4.2. Payment deadlines:

  • 4.2.1. For personal collection, bank transfer or electronic/card payment – within 7 calendar days of Contract conclusion.
  • 4.2.2. For cash on delivery – at the time of parcel receipt.

5. COST, METHODS AND TIME OF DELIVERY OR COLLECTION

5.1. Delivery is available within Poland.

5.2. Delivery is chargeable unless otherwise stated. Delivery costs are shown in the “Delivery costs” section and during checkout.

5.3. Personal collection is free.

5.4. Delivery / collection methods:

  • 5.4.1. Postal parcel, COD postal parcel.
  • 5.4.2. Courier parcel, COD courier parcel.
  • 5.4.3. Personal collection at Gradowe Wzgórze 30, 76-010 Polanów – Business Days 09:00-17:00.

5.5. Delivery time: up to 7 Business Days (or shorter if stated). For multiple Products the longest time applies, not exceeding 7 Business Days.

  • 5.5.1. For bank transfer / electronic / card payments – from the date the Seller’s account is credited.
  • 5.5.2. For cash on delivery – from Contract conclusion.

5.6. Readiness for personal collection: up to 2 Business Days (or shorter if stated). For multiple Products the longest time applies, not exceeding 2 Business Days. The Seller will notify the Client by e-mail.

  • 5.6.1. For bank transfer / electronic / card payments – from the date the Seller’s account is credited.
  • 5.6.2. For cash on personal collection – from Contract conclusion.

6. PRODUCT COMPLAINT (FOR SALES CONTRACTS CONCLUDED AS OF 25 DEC 2014)

6.1. The Seller’s liability for defects (statutory warranty) is governed by the Civil Code.

6.2. The Seller must deliver defect-free Products. Detailed information and Client rights are in the “Complaints” section of the Store.

6.3. A complaint may be submitted:

  • 6.3.1. in writing to the Seller’s address;
  • 6.3.2. in person at the company seat (Business Days 08:00-17:00).

6.4. It is recommended to provide: (1) type and date of defect; (2) requested remedy or price reduction / withdrawal; (3) contact details – to facilitate processing. These are recommendations only.

6.5. The Seller will respond without delay, no later than 14 calendar days. Lack of response means the complaint is accepted.

7. OUT-OF-COURT DISPUTE RESOLUTION

Detailed information on Consumer dispute resolution and access thereto is available at Consumer Advocates, social organisations, Voivodeship Inspectorates of Trade Inspection and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).

Examples include: (1) permanent consumer arbitration courts (Art. 37 Trade Inspection Act); (2) mediation by Voivodeship Inspector of Trade Inspection (Art. 36); (3) free assistance from Consumer Advocate or NGOs (e.g. Consumers’ Federation, Polish Consumers’ Association; helpline 800 007 707, e-mail porady@dlakonsumentow.pl).

8. RIGHT OF WITHDRAWAL (FOR SALES CONTRACTS CONCLUDED AS OF 25 DEC 2014)

8.1. A Consumer who concluded a distance contract may withdraw within 14 calendar days without giving reason and without costs except those in § 8.8. Sending the statement before expiry is sufficient. It may be submitted: (a) in writing to the Seller’s address; (b) by e-mail to biuro@wiking.tech.

8.2. A model withdrawal form is Annex 2 to the Consumer Rights Act and in the “Resignation from purchase” tab. Use is optional.

8.3. Commencement of the withdrawal period:

  • 8.3.1. For contracts requiring delivery of a Product – from taking possession of the Product by the Consumer or third party other than carrier; if multiple Products are delivered separately – from the last Product, part or batch; for regular delivery contracts – from first Product.
  • 8.3.2. For other contracts – from the day of conclusion.

8.4. Upon withdrawal the contract is deemed not concluded.

8.5. The Seller shall refund all payments including initial delivery (except extra costs for delivery method chosen by Client) without delay, no later than 14 days from receipt of withdrawal. Refund uses the same payment method unless agreed otherwise without cost to Consumer. The Seller may withhold refund until Product is received or proof of return provided.

8.6. The Consumer must return the Product without delay, no later than 14 days from withdrawal, unless the Seller offered to collect it. The deadline is met if the Product is sent before expiry. Return address: the Seller’s address.

8.7. The Consumer is liable for diminished value resulting from use beyond what is necessary to establish nature, characteristics and functioning.

8.8. Possible costs borne by the Consumer:

  • 8.8.1. Additional delivery costs beyond the least expensive ordinary delivery method.
  • 8.8.2. Direct cost of returning the Product.
  • 8.8.3. For services performed, proportional payment for services provided until withdrawal.
  • 8.8.4. For returned/exchanged non-saleable Products, the refund is reduced by 20 % for damaged packaging and by an amount adequate to Product damage.

9. PROVISIONS FOR BUSINESS CUSTOMERS

§ 9 applies only to Clients and Users who are not Consumers.

Among others: the Seller may withdraw within 14 days without cause; may limit payment methods; risk passes to Client upon handing to carrier; warranty liability is excluded; disputes are submitted to the court competent for the Seller’s seat; liability is limited to PLN 1,000.

10-11. PERSONAL DATA

These sections describe compliance with Regulation (EU) 2016/679 (GDPR), purposes and bases of processing, categories of recipients, Users’ rights (access, rectification, erasure, restriction, portability, objection, withdrawal of consent), contact with the Data Protection Officer (biuro@wiking.tech), use of cookies, and detailed categories of processed data.

12. FINAL PROVISIONS

12.1. Contracts via the Online Store are concluded in Polish.

12.2. The Service Provider may amend the Terms for important reasons (law changes, payment/delivery changes). For continuous services, the User will be notified; amendments bind the User unless the contract is terminated within 14 days. Amendments will not affect rights acquired before entry into force.

12.4. In matters not regulated herein, Polish law applies, in particular the Civil Code, the Act on Electronic Services, and for Consumer contracts the Consumer Rights Act.

These Terms enter into force on 25 October 2023.