CONTENTS:
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
12. SPECIMEN FORM OF WITHDRAWAL FROM THE CONTRACT
These Online Store Regulations have been prepared by the lawyers of the Prokonsumencki.pl website. The www.weneve.com Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.weneve.com is run by partners who jointly conduct business activities based on a civil law partnership agreement under the name WENEVE SC (address of the place of business: Sikorskiego 45C / 94, 35-304 Rzeszów; and address for service: Reja 12/118, 35-211 Rzeszów), NIP of a civil partnership 8133827211, REGON of a civil partnership 384922265, e-mail address: ask@weneve.com, telephone number +48 17 777 01 45, i.e .:
JAKUB FURTAK running a business under the name JAKUB FURTAK (address of the place of business: Sikorskiego 45C / 94, 35-304 Rzeszów) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 5170136037, REGON 181038670;
TOMASZ BANACH running a business under the name of TB Euro Usługi Tomasz Banach (address of the place of business: Pogwizdów Nowy 662, 36-062 Pogwizdów Nowy) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 8722326152, REGON 180608609;
WOJCIECH FURTAK running a business under the name WOJCIECH FURTAK (address of the place of business: Sikorskiego 45C / 94, 35-304 Rzeszów) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 5170217592, REGON 181038545.
1.2. These Regulations are intended for both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, a collection of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.weneve.com.
1.4.11. SELLER; SERVICE PROVIDER - partners jointly running a business based on a civil partnership agreement under the name WENEVE SC (address of the place of business: Sikorskiego 45C / 94, 35-304 Rzeszów; and address for service: Reja 12/118, 35-211 Rzeszów), NIP civil partnership 8133827211, REGON civil partnership 384922265, e-mail address: ask@weneve.com, phone number +48 17 777 01 45, i.e .:
JAKUB FURTAK running a business under the name JAKUB FURTAK (address of the place of business: Sikorskiego 45C / 94, 35-304 Rzeszów) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 5170136037, REGON 181038670;
TOMASZ BANACH running a business under the name of TB Euro Usługi Tomasz Banach (address of the place of business: Pogwizdów Nowy 662, 36-062 Pogwizdów Nowy) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 8722326152, REGON 180608609;
WOJCIECH FURTAK running a business under the name WOJCIECH FURTAK (address of the place of business: Sikorskiego 45C / 94, 35-304 Rzeszów) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 5170217592, REGON 181038545.
1.4.12. SALES AGREEMENT - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after completing two consecutive steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Create an account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient's data: name and surname, e-mail address and password. If the Service Recipient has a registered account on Facebook or Google, he may also create an Account in the Online Store by logging in using one of these websites. An account can also be created by selecting the appropriate checkbox when placing an Order - the account is created at the time of placing the Order.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: ask@weneve.com or in writing to the following address: Reja 12/118 , 35-211 Rzeszów.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form on the "Order with payment obligation" field - until then, it is possible to modify the entered data ( to do this, follow the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3. Newsletter - the use of the Newsletter takes place after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when placing the Order - upon placing the Order, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter ) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: ask@weneve.com or in writing to the following address: Reja 12 / 118, 35-211 Rzeszów.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) up-to-date web browser: Mozilla Firefox ; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) the recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser .
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services is indicated in point 6. Regulations.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order , which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic payments and card payments via Przelewy24.pl and PayPal.com - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.przelewy24.pl/ and https://www.paypal.com/pl.
4.1.2.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via Przelewy24.pl or PayPal.com. The service of electronic payments and payment cards is provided by:
4.1.2.1.1. Przelewy24.pl - PayPro SA with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Of the Court Register under the number KRS 0000347935, share capital: PLN 5,476,300.00 fully paid, NIP 7792369887, REGON 301345068.
4.1.2.1.2. PayPal.com - PayPal (Europe) Sa rl . & Cie , SCA, 5th Floor 22-24 Boulevard Royal , L-2449, Luxembourg .
4.2. Payment deadline:
4.2.1. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement.
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
5.1. Product delivery is available in the territory of the European Union.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following Product delivery methods:
5.3.1. Courier delivery.
5.3.2. Pallet shipment.
5.4. The date of delivery of the Product to the Customer is up to 35 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 35 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .
6.2.1. Detailed provisions regarding the complaint of the Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31 , 2022 . are defined by the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). The Seller is obliged to deliver the Product to the Customer without defects. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence to the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions regarding the complaint of the Product - a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1 , 2023. are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023 , in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.2.3. Detailed provisions regarding the complaint of a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1 , 2023 or before that date, if the delivery of such a Product was take place or took place after that date are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the address: ul. Reja 12/118, 35-211 Rzeszów, POLAND;
6.3.2. in electronic form via e-mail to the following address: ask@weneve.com.
6.4. The Product may be sent or returned under the complaint to the following address: ul. Reja 12/118, 35-211 Rzeszów, POLAND.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the person lodging the complaint (4) photos of the advertised Product - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this facilitates and accelerates the consideration of the complaint by the Seller.
6.8. The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw), the task of which is between other than providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at bilety@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
7.4. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Reja 12/118, 35-211 Rzeszow;
8.1.2. in electronic form via e-mail to the following address: ask@weneve.com.
8.2. The return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address: ul. Reja 12/118, 35-211 Rzeszow.
8.3. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the form template, but it is not mandatory.
8.4. The deadline to withdraw from the contract begins:
8.4.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2. for other contracts - from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is considered void.
8.6. Products - movables, including movables with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) they were produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in points ( 1) - (3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. In the case of products that cannot be normally sent back by post (oversize shipments), the consumer may incur higher costs of sending them back, in accordance with the following example price list of one of the carriers: https://www.dpd.com/pl/en/cennik-przesylek-krajowych/.
8.8.3. In the case of a Product - service , the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that day not also a natural person concluding a contract directly related to its activity economic, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider / Seller towards the Service Recipient / Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The amount limitation referred to in the preceding sentence applies to all claims directed by the Service Recipient / Customer against the Service Provider / Seller, including in the absence of a Sales Agreement or not related to the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer only for typical damages predictable at the time of concluding the contract and is not liable for lost profits. The seller is also not responsible for delay in transporting the shipment.
9.6. The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
9.7. The seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
10. PRODUCT REVIEWS
10.1. The seller allows his customers to issuing and accessing opinions about Products and the Online Store on the terms set out in this section of the Regulations.
10.2. It is possible to leave feedback after using the form that allows you to add an opinion about the Product or the Online Store. This form can be (1) made available directly on the Online Store website (including by means of an external widget); (2) may be made available via an individual link received by the Customer after the purchase to the e-mail address provided by him or (3) may be made available via a general link to the feedback form. When adding an opinion, the Service Recipient may also add a graphic assessment or a photo of the Product - if such an option is available in the opinion form.
10.3. The seller allows to list two types of opinions - opinions marked as "Opinion verified" and opinions marked as "Opinion unverified ".
10.4. "Opinion verified" it is an opinion regarding the Product purchased by the reviewer in the Seller's Online Store or the implementation of the Sales Agreement concluded by him with the Seller in the Online Store and the Online Store itself. This opinion may be issued in accordance with the procedure indicated in the Regulations only by the reviewer who actually made the purchase in the Online Store and it is marked as "Verified Opinion". Verified opinions are verified by the Seller in terms of whether the reviewer actually made a purchase in the Online Store in accordance with the procedure indicated in the Regulations.
10.5. "Unverified opinion" it is an opinion issued by the reviewer regarding the product in the Seller's Online Store or Online Store. This opinion may be issued in accordance with the procedure indicated in the Regulations both by the reviewer who made a purchase in the Online Store and by the reviewer who did not purchase the Online Store and it is marked as "Unverified Opinion". Unverified opinions are not verified by the Seller in terms of whether the reviewer actually made a purchase in the Online Store.
10.6. The Seller ensures that the published opinions marked as "Verified Opinion" come from the reviewers who actually purchased the Product in the Online Store or are actually Customers of the Online Store. To this end, the Seller takes the following actions to check whether these opinions come from its actual Customers:
10.6.1. Publishing an opinion issued using the form available directly on the Online Store website requires prior verification by the Seller. The verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the reviewing person is a Customer of the Online Store - in this case, the Seller checks whether that person has made a purchase in the Online Store, and in the case of an opinion about the Product, he additionally checks whether he purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends to its Customers (including via an external website collecting opinions with which it cooperates) an individual link to the e-mail address provided by it during the purchase - in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
10.7. In the case of reviews marked as "Unverified opinion", the Seller does not verify or is unable to their verification in terms of whether the reviewer actually made a purchase in the Online Store - unverified opinions are issued using the opinion form or a general link to the opinion form and may contain opinions of both people who have made a purchase in the Online Store and people who have not made a purchase purchase in the Online Store.
10.8. In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Online Store or has purchased the reviewed Product.
10.9.Adding opinions by customers may not be used for unlawful activities, in particular for constituting an act of unfair competition, or actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and decency.
10.10.Opinions can be made available directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which he refers on the Online Store website (including by means of an external widget placed on the Online Store website).
10.11. Any comments, appeals against verification of opinions, or reservations as to whether a given opinion comes from or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
10.12. The Seller does not post or order the posting of false opinions or recommendations of Customers to another person and does not distort the opinions or recommendations of Customers in order to promote its Products. The seller provides both positive and negative reviews.
11. FINAL PROVISIONS
11.1. Agreements concluded via the Online Store are concluded in Polish.
11.2. Changing the Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly informed about the changes and has not terminated the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient has the right to withdraw from the contract.
11.2.3. In the event of concluding, on the basis of these Regulations, agreements of a nature other than continuous agreements (e.g. Sales Agreement), amendments to the Regulations will not in any way infringe the rights acquired by the Customers / Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, implemented or performed.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); The Consumer Rights Act; and other relevant provisions of generally applicable law.
11.4. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider / Seller, which cannot be excluded by agreement. In this case, the Service Provider / Seller guarantees the consumer the protection granted to him on the basis of provisions that cannot be excluded by agreement.
12. SPECIMEN FORM OF WITHDRAWAL FROM THE CONTRACT
(ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
(this form should be completed and returned only if you wish to withdraw from the contract)
- Recipient:
WENEVE SC
Reja 12/118, 35-211 Rzeszów
weneve.com
ask@weneve.com
- I / We ( *) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract ( *) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as appropriate.